Maryland Historical Magazine Summer 1922

ARCHIVES OF MARYLAND

P-ublisbed by authority of the Sta.te

VOLUME XL

This volume is ready for distribution and contains the Acts and
Proceedings of the General Assembly of the Province, during the
Sessions held from 1737 to 1740. During this period, Samuel Ogle
was Governor and he met difficult situations with tact and firmness.
It was a time of dissension between the two Houses and SeMi<«i
were often dissolved without any laws being passed.

At the Session held in April and May 1737, Benjamin Tasker was
President of the Upper House and James Harris, Speaker of the
Lower one. It was the third Session of the Assembly elected in
1734 and was a rather peaceful one. Addresses to the King and the
Prince of Wales were adopted on account of the marriage of the
latter. The Upper House refused to pass the Journal of Accounts,
because the Lower one would not appropriate money for the Chief
Justice of the Provincial Court. There are signs of the settlement
of the "remote and back part of the Province." The growing grain
trade is shown by a vote to permit inhabitants, who were not tobacco-
makers, to pay in specie instead of in tobacco.

In August 1737, a very great drought caused a brief Session to
prohibit the exportation of grain. The Pennsylvania border troubles
took up some time. Richard Tilghman became President of the
Council.

A new Assembly met in 1738 and a childish quarrel arose, in
which the Lower House stood upon its dignity because of the manner
in which a message from the Upper House was sent. Consequently,
no lawB were passed. Colonel John Mackall was Speaker and
Matthew Tilghman Ward, President of the Upper House, Some
of the officials in Dorchester and Talbot had to answer i&argM o{
oppression and extortion before the Lower House.

In 1730, a new Assembly held a session and again passed no laws.
The Lower House again showed itself irritable and irascible and
also refused, as usual, to pass a perpetual law as to fees. The
Delegates finally refused to continue the tranporary laws and Ogle
refused to sign any laws passed, lest the meeting should beecKoe a
Session and tiien terminate these laws.

A third new Assembly met early in 1740 and managed to pass
one law for the raising of troops to serve in the war between England
and Spain. The Lower House chose Philip Hammond of Anne
Arundel County as Speaker and showed itself very much afraid
that it should be overruled by the Upper one. It also adopted an
address to the King, reciting grievances, and was insistrait upon a
claim to have an agent appointed in England.

It is expected that volume XLI will continue the Judicial Business
of the Provincial Court from 1688, htmg the third vt^iraie et the
Court Beport Series.

THE MARYLAND
HISTORICAL SOCIETY

INCORPOBATED 1843.

OFFICERS.
President,
W. TTATX HJJSSM.
Vtce-FrMM{«tte,

HENRY STOCKBRIDGE, I^COURCy W. TMOU,

VAN LEAR BLACE:.

Corresponding Secretary, Recording gecretorj;,

J. APPLETON WILSON, GEORGE L. RADCLIFFE.

Tretuurer,

HEYWARD E. BOYCX.

THE COUNCIL.
Thb GsHmtAii OKnoBxs

AND RKFBaaSNTATirBS W STAITOHTO COHMITnnES:

CLINTON L. RIGGS, B^reMBtisg the Trustees of the Athenaeum.

JOHN M. VINCENT,
RICHARD M. DUVALL,
PHILLIPS L. GOLDSBOROUGH,
McHENRY HOWARD,
RUXTON M. KIDGELY,
JAMES McC. TRIPPE,
<BEWAilD B. BBOWKE, K.D.

Ccanmittee on Publication.
Committee on the Library.
Committee on Finance.
Committee on Membership.
C(snmittee <m the Gallery.
Committee <m Addreaaea.
C^BBiittee on Genealogy.

BENEFACTORS OF THE SOCIETY.

1886. GEORGE PEABODY, Gift 520,000

1892. J. HENRY STICKNEY, Bequest, .... 1,000

1909. ISAAC F. NICHOLSON, Gift, ..... 1,000

1915. MENDES COHEN, Bequest, .... 5,000

1916. ISAAC HENRY FORD, Bequest, .... 1,000

1916. ISAAC TYSON NORRIS, Gift, 1,000

1916. MRS. MARY WASHINGTON KEYSER.

Gift of the buildings and grounds of the Society.

1919. MISS ELEANOR S. COHEN, . . Historical Relics and $300

1920. HON. HENRY STOCKBRIDGE, . Gift, .... 1,000

See idao Hat of eoatrthtttors to Bt do w ifleut X%Bd.

CONTENTS.

FAGE

The Thckouohbeeb Hcmss abb Maxylasb. William Woodward, 139

Lionel Copley, Fibst Boyai. Gotjbwob of Mabylahd. A«»iie

JDeafcin /SioiMSat, 163

James Auram Pbabce. Bernard C. Steiner, - - - - 177

Ta£ Zm& OF Thomas Jokkson. Metward S. Delmfiaine, - ■ 191

Unpubushes) Pbovinctai. llMQmm, ...... 210

PllOCim)INGS OF THE SoCIBStY, r " " 223

CoKBBcnotr, IBmsumi, Noibs, 226

Committee on PubUcationt

SAMUEL K. DENKIS, Chairman.
JOHN M. VmCHiTT, BEBNARD C. STEINEE.

LOUIS H. DIELMAW,
Editor.

MARYLAND
HISTORICAL MAGAZINE

Vol. XVII. JUNE, 1922. No. 2.

THE THOEOUGHBEED HORSE AND MARYLAND

William Woodward.
Bead before the Society At a special meeting on November 28th, 1921.

Ladies and Gentlemen, — hope to tell you, tonight, something
of the story of the thoroughbred horse in Maryland in a way
that will appeal to you. Maryland has always been a sporting
community. From the very earliest days the gentlemen of
Maryland were interested in the horse, and, wanting the best
of his race, they turned their attention to the English thorough-
bred and to the Arabian, and by frequent importations and
careful breeding and raising, they became, together with their
near neighbors and kinsmen from Virginia, the pioneers and
the leaders in the thoroughbred industry of the new world.

Present-day iMarylanders do not realize w^hat very serious
attention was given in those early days to the study and devel-
opment of the thoroughbred; how carefully their progenitors
selected the importations from ,the old world and what remark-
able ■animals were brought over to this country. ISTor do many
people realize the charm which surrounds the study of the
thoroughbred as woven into the history of a State and a coun-
try, for in our modem busy life we hardly have time, for
instance, to picture the landing in the early days of the thor-
oughbred horse imp. " Victory " from England, at Phila-

139

140

MAEYLAND HISTORICAL MAGAZINE.

delpHa, and Hs " drowning in Dock." Wliat a disappoint-
ment to tlie gentlemen .who imported him ! In wliat sort of a
ship did he come? How was he taken from the ship to the
dock? Would he have walked a number of score of miles to
his destination? Or, how Commodore Jones brought to this
country in 1824 in the frigate Constitution from the Barbary
States, a certain Arabian stallion, who is mentioned in the
stud books as follows :

Jones's Aeabian, gr,,

Foaled 1820. Purchased at Tunis by the American
Consul for CSommodore Jones, who imported him in the
Frigate Constitu'tion, 1824. He was a good ^eeimen
of his race.

Think of this a moment ! How was he loaded ? Was he boxed
on the gun deck ? or, how was he shipped ? It is an interesting
illuatration of the interest in the horse, in the older days.

ISTor is it easy for us to picture the importation to this
country in 1799, within sixteen years of the Revolution, of
the winner of the first English Derby — Diomed — to a new home
in Virginia. That was done, however, by Col. John Hoomes.
2^or later on, a hundred years or so ago, the importation of
the horse who ran the St. Leger twice in one day, owing to a
false start, and won it the second time; his importation was
to Boston in the cold and chilly climate, where he had some,
but only moderate, success as a stallion. That was Barefoot:
imported by Admiral Sir Isaac 'Coffin, a native of Massa-
chusetts.

In taking Wallace's American Stud Book and running over
the names of those who were Maryland breeders of horses in
those early days, we find Governors Sprigg, Ogle, Eden and
Paca, Colonel Tasker, Oeneral Forman, George W. Duvall,
Edmund Duvall, Walter and Robert Bowie, Philip Wallis of
Baltimore, W. Tilghman, Robert W. Harper, George Semmes,
H. G. S. Keys, St. Mary's 'County; James Rin^old of Anna-

THE TSOmOJJQSmXD HOBSE AND MARYLAND. 141

polis, Robert Gillmore, N. Stonestreet, Colonel Silliman,
Joseph N. Burch, Dr. Reeder, Overton Carr, etc. etc.

These, as you can see, were the distinguished men of the
State in their time. You can also see they were men from
whom many of you in Maryland are sprung, and it should,
therefore, 'be with an intimate relationship to your own family
tradition that the study and love of the thoroughbred horse
should come.

And there is another point of view equally interesting.
The breeding of the thoroughibred is very intensive, and the
lines of blood appear time and time again, In looking up
pedigrees, any one who is but a pupil soon recogTiizps that the
lines of blood are limited in number, and then the confusion
which at first appears to exist, ceases; and therefore when any
of us sees the performers on the turf today at Pimlico, Laurel,
Havre de Grace or Bowie, we see, in most instances, lineal
descendants of the horses that lived in or about the very farms
with which many of us are closely associated, or in which we
may have a deep interest. This should bring the present-day
thoroughbred, whether raced in Maryland, Kentucky or else-
where, very close to any one who is sufficiently interested in
the history, traditions 'Mid the story of his State to be a mfflnber
of this organization. And that is the point of view from which
I would appeal to you.

You will readily see that one who approaches the subject
from this angle becomes interested, and has an affection for it,
wholly irrespective of the question of what horse wins a race,
and particularly apart from the question of betting. It is
true that the public at large insists on betting, but the breeding
end of the business and the farm are so totally divergent from
the betting end, or the " merry-go-round," that there exist
two distinct points of view; and no one can be long interested
in the thoroughbred, unless interested in the breeding end of
the business. As a corollary to this thoughit, Marylanders,
with the racing end so highly developed, should take a primary
interest in breeding, for Maryland has from earliest days im-

142

MAEYLAND HISTOEICAL MAGAZINE.

ported the best, has raised the best, has sent out the best, and
has provided foundation stock whose progeny have lasted for
well over one hundred and fifty years. That is a community'
industry well irorth while, one of importanee to any State, one
which the citizens should take interest in generally, and one
which aids in accumulating wealth for a State, through the
profitable and honoraible employment of many, many indi-
viduals.

To get the picture of the early days, it is really essential to
glance for a moment at the first development of the British
thoroughbred. Some may be familiar with this story, but they
must bear with me, for others may not be — and in order to
have a point to which we may refer from time to time, it ie
neceasary to briefly review the facts.

Accounts of the royal stud in the day of Henry VIII show
that the racing of horses was regularly practiced. Under date
of April, 1532, there was a charge of Vs. 2d. for making a
bath for one of the Arabian racers training at "Windsor.
Thomas Ogle (strange that the name should be a Maryland
name) was described as the gentleman rider of the stables.

Queen Elizabeth is said to have become a liberal patroness
of racing and maintained the royal stud founded by her father.
Eoyalty was present at the Croydon meetings in 1587 and
1588.

James I paid a visit to Newmarket at the end of February,
1605; and it is quite evident from contemporary writings that
racing matters had progressed considerably during the reign
of 'Charles I. He had a stud of race horses at Tutbury, in
Staffordshire, an inventory of which was taken when it came
into the possession of the Parliamentary forces. Six of them —
animals of Eastern origin — were given to one Colonel Jones,
who was at the head of the forces that defeated those of the
Duke of Ormund in Irdand, and they Trere evmtually taken
over to Ireland.

Then came th-e Commonwealth. Puritanism and the turf

THE THOEOTJGHBEED HOESE AND MABTLAND. 143

did not mix very well, although Sir Oliver Oromwell, uncle of
the Protector, kept horses and had won a race at Huntingdon
in 1602. One of the earliest acts of the Council of State was
to prohibit horse racing. Humting, iiawking and football were
also forbidden.

Later, in the reign of William and Mary, the King again
formed a racing stud under the charge of Tregonwell Framp-
ton, a man of sporting prominence at that time; and in the
importation of Eastern horses William III gave his subjects
a good lead. He sent one Marshall to Morocco to obtain thor-
oughbreds from the Arab®. Private breeders followed the
King's example, and many Bar'bs, Arabians and Turks were
imported into England. The most notable arrival at this
period was the horse who eubsequeiatly became known as the
Byerly Turk, founder of the great Herod family of thorough-
breds. He was imported by a Captain Byerly, who used him
as a charger during King William's campaign in Ireland.
Herod was his great-great-grandson through Jigg, Partner and
Tartar.

About this time the Darley Arabian was also imported.
The Darleys were a Yorkshire family — merchants, who had
travelled abroad a good deal ; and the horse was purchased on
one of Mr. Barley's journeys, at a moderate figure. (Bred to
a mare, Betty Leedes, there was produced Bartlet's Childers,
to whom it has been stated that nine-tenths of the thorough-
breds of the present day trace. He was the sire of Squirt, he
the sire of Marske, he the sire of the great Eclipse.

In 1727 George II succeeded to the throne, and at about
that time the Godolphin Arabian, or Barb, arrived in England.
He established a distinct line, called the Matchems; Matchem
himself being the grandson of the Godolphin, foaled in 1748.
The Godolphin was originally found in Paris by Mr. Coke of
Norfolk, who brought him. to England ; and the horse eventually
passed into the possession of the Earl of Godolphin.

So we have the three great male lines of England in
Matchem (1748), Herod (1768) and Eclipse (1764).

144

MABYLAND HISTOBICAL ICAOAZINE.

Volumes could be written in regard to Eclipse — in fact, they
have been written — ^but suffice it for our purpose to realize
the origin of the three great male lines of thorou^bred Wood,
greatly developed by the breeders of England, exported to all
lands, and developed by the breeders of those countries.

Now, to return to Maryland and to run over some of the
facts and stories of its breeding industry. I shall endeavor
not to make too definite statements, for there are opinions on
aH matters, and in no sense do I wish to croes swords with my
brother breeders on matters of opinion; and while the facts T
refer to have been taken from various well-known books and
articles on the subjeot, if by any chance there should be an
error in date or description, I hope that I may be forgiven, for
my time has been short and the subject is voluminous.

It is a pleasure to go over the first volume of the American
Stud Book and to pick out the greait horses of the time, and
to find, time after time, the nartie of a new breeder or owner
in Maryland or Virginia, which indicates that " another coun-
ty has been heard from," in other words, such a review shows
clearly that, in spite of drawbacks of distance, travel and lack
of association, the breeding industry was in the early days
remarkably well diversified in the various farms of the State,
principally, of course, in and about Annapolis, Prince George's
County and Baltimore County, and somewhait on the Eastern
Shore.

Two men deserve special notice in the very early days:
Governor Sharp of Whitehall and Benjamin Tasker of Belair,
Prince George's 'County. Their respective importations were
Othello and Selima. These names should always be borne in
mind, from the Maryland standpoint; and closely allied were
the importations of Spark, presented to Governor Ogle by
Lord Baltimore in about 1750, of Tanner imported into
Maryland by Daniel Wolstenhome in 1757, — ^Fearnought in
1764 by Colonel John Bayler of Virginia; in 1754 Moreton's
Traveler, wto stood at E^hmond Court House; Medley in

THE THOEOUGHBEED HOESE AND MAEYLAND.

145

1784 by Mr. Hart of Southampton County, Virginia. Then
came the great Diomed in 1799 by 'Colonel Hoomes of James
River, Virginia.

In England, as has been mentioned, the three great lines
came from the Darley Arabian, the Godolphin Arabian and
the Byerly Turk, -who in turn are the progenitors of Eclipse,
Matchem and Herod. It was this blood liiat our ancestors
wished to obtain, and did obtain. The great Eclipse line of
England, in the latter part of the nineteenth century, flour-
iAed in the great horse and sire — St. ^mon. It had come
down through King Fergus, BlacMock, Voltigeur, and on down
to St. Simon. The dam of King Fergus was iCreepLng Polly
by a good horse called Othello, known in English books also as
" Bteck and All Black." Gtovemor Sharp imported about 1755
a horse of the same names and of the same breeding. He was
foaled the same year. Taunton's " Portraits of Celebrated
Race Horses" tells us that "though Othello served but few
mares (in England), yet from his blood have sprung several
very valuable racers, stallions and brood mares." Volume 4
(p. 382) of the "American Turf Register and Sporting Maga-
zine " tells us this horse was imported into Maryland probably
in 1757 or 1758.

While there is occasional questioning whether this is the
same horse, I can find nothing to deny it, and at all events the
importation must be hailed as an outstanding one, — the best
English blood of the time, to Annapolis. Othello stood at
Beale's I^eci, on the north side of Robert's Creek, near Anna-
polis, at 4 gs. and a dollar.

A few years prior to this importation, in about 1750, Ben-
jamin Tasker imported the mare Seliina. She was by the
Godolphin Arabian and when brought to this country was raced
with great success. She was put in the stud at Belair.

When mated with imported Othello, who was standing
twentyone miles away, she produced a horse called Selim, the
greatest race horse of his day. Enough cannot be said of the

146

MAEYLAND HISTOKICAL MAGAZINE.

value of this blood and of this mating, for their offspring are
the progenitors of many of the most celebrated horsejs of our
time. Selima is the female ancestor of the great horse
Hanover through her daughter Stella; Calypso, her great-
granddaughter, is the fourth dam of Enquirer. Had Selima
irot lived the great brood mare Aerolite, dam of Spfflidthrift,
would not have lived. Spendthrift is the male progenitor of
Man o' War. Selima, through her son, Partner, is in the
pedigree of American Eclipse. H«r son Ariel was the siro
of the sixth dam of Lexington. The great Commando line of
the present day and all its descendants — Colin, Peter Pan,
Peter Quince, Celt, etc., and their descendants; Tryster, the
best two-year-old of last year; the fine mare Prudery, and
Miss Joy this year and the gr^t Morvict, and many oth^s
would never have existed, for they got the blood of Selima
imported to Maryland.

I hardly think it necessary to go further. One could men-
tion names of great horses into the thousands; for instance,
Exterminator and Boniface, who ran head and head for two
miles and a quarter at Pimlioo the other day in the Cup,
neither one would have liT<ed had it not been for Selima, and
the energy, enterprise and initiative of the early Maryland
men. This is what I am here to emphasize ; let me charge you
with its memory. These things happened in the days of
Braddock's defeat.

" After this time it appears to have been considered part of
the duty of a Governor of Maryland to keep a racing stud ; as,
succeeding <3iovemor Ogle, the importer of famous animals.
Governors Eidgdy, Wright, lloyd and Sprigg were all deter-
mined turfmen and supprarteas of the American racing in-
terest. . .

We find 'Selim, Selima's son, standing at the head of the turf

and racing in 1762-1770, a very great horse in his time. He
had been sold by Colonel Tasker to Samuel Galloway for £1,000
as a yearling in 1760. He won at Annapolis and at all points,
up as far north as Philadephia.

THE THOEOXTGHBEED HOESE AKD MAETLAI^D. 147

At this time Robert Eden was Governor and the Maryland
turf was very. fashionable.

From 1771 to 1773 Colonel Lloyd's imported mare il^ancy
Bywell by Matchem stood at the head of racing. She was un-
doubtedly the best of her day. She won for several years the
Jockey Club purse at Annapolis, beating among others Dr.
Hamilton's Primrose by imp. Dove, destined to be an ancestress
of Hanover.

This was just prior to the Revolution and " when the fall
races, at Annapolis, were about to be run, they were postponed
by recommendation of 'Congress in consequence of a report upon
the state of the country. All quietly returned to their homes."

" On the renewal of peace, with the revival of its amuse-
ments, the Maryland Jockey Club, at Annapolis, was placed
on its former respectable footing, when it was considered a dis-
tinguished honor to be a member of it," — composed only of
such gentlemen ae his excellency, Gov. Paca, Richard Sprigg,
Esq. (Stewards), Hon. Ed. Lloyd, Hon. Benj. 0. Stoddert (the
first Secretary of the Navy), Col. Stone (afterwards Governor),
Hon. Ch. Carroll of Carrollton, Col. John Eager Howard
(afterwards Governor), Benj. Ogle, Esq. (afterwards Gov-
ernor), Hon. Geo. Plater (afterwards Governor), Gen. Gad-
wallader, Messrs. Tilghmans, Steuarte, &c., &c.

In 1791, Colonel John Tayloe of Mt. Airy, Virginia, came
upon the turf. One might say that his importations, which
were animals of the highest class, were closely related to those
of our State. Colonel Tayloe himself was related by friend-
ship and later by marriage to Maryland. While he made many
importations, his greatest horsee were not imported. One was
a son of Diomed, — Sir Ardiy, — and the other — ^Bellair — a
great-grandson of Selima. He did import a fine English mare,
Castianira by Rockingham, in 1799, and having mated her with
Diomed, who was standing at 'Colonel .Sdden's, below Rich-
mond, she produced in 1805 the very great Sir Arohy. Sir
Arohy was easily the greatest of our stallions of that time. He
did not run many races, but beat all the best of his day. He
was a Herod horse. He got :

148

MABTL&KD MIMT&matJ' UAJBt^ISm.

Mucklejohn
Tecumseli

Bertrand Pacific
Lady Lightfoot
Sir Henry
Sir William

Timoleon
Vii^inian

Gohanna
Roanoke
Janus

Mark Anthony
Rinaldo
Creeping Kate
Sir Arthur
and many others.

bred by
Hon. John Randolph
of

Virginia

It is necessary to refer to Mr. Tayloe's importations and
breedings for it was the interweaving of the Maryland horses
with th© Virginia horses that is seen in the early pedigrees.
Selima had a daughter, Black Selima, that became the grandam
of Tayloe's famous gray horse, Bellair, best son of imp. Medley.
Selima's other daughter, the famous race mare, Ebony, was
the grandam of Tayloe's great gelding Nantoaka, by imp.
(Hall's) Eclipse. Bellair beat the best horses of Virginia
and Maryland; but when out of condition, was beaten twice.
Sir William, Muciklejohn, Henry, Betsy Bansom, Trifle and
other of the best early horses were descended from Bellair,
whose blood was held in the highest esteem. Nantoaka won
ten races, — distancing the field, four mile heats, at Annapolis.
Ool. Tayloe was then at the head of the turf in Virginia and
Maryland.

In 1799 (probably) Gabriel, imported by Colonel Tayloe,
stood one season at Belair, Prince George's County. He died
the next year. It is said that he was kept by an English groom,
who was not familiar with the Christian names of his patrons,
but there still exists a list of those who sent mares to him in
this year. Those names were the names of Marylanders of
to-day.

In the " Sporting Magazine " we find the following letter :

" I believe, Mr. Editor, that Gabriel, who died in a
year or two after he was imported, was equal to any
imported horse we ever had. When he stood in Mary-

THE THOEOUGHBEED HOESE AND MAEYLAND. 149

land one year only, but very few bred mares were put
to him, yet in that season he got three first-rate racers —
Postboy, Oscar and Harlequin."

In 1804 Postboy came into great repute and was a great
performer, and for several years beat the best horses at all
distances. Ogle's Oscar was a good race horse and we find
him throughout the pedigrees of later generations. He should
certainly be regarded as a foundation horse, of high degree.

Again the well-known and respected Lee Boo. " This dis-
tinguished horse was bred, raised, owned and run by Mr. Osborn
Sprigg of the Forest of Prince George's 'County, Maryland,
He wae by Cragg's Highflyer out of a little mare, of pure blood,
belonging to Captain James Belt."

" This was the so-called golden age of the Washington City
Jockey Club (1801-6), composed of Gov's. Ogle, Bowie,
Wright, Lloyd, and Ridgely, of Maryland, and other of the
most respectable gentlemen of that vicinity, and abroad — ^being
at that time the central arena for the north and the south."
And so the years rolled on. But we find the blood constantly
cropping out throughout the next fifty years. Virginia, how-
ever, from this time on imported more new blood than any
State,

Among those not already noted was Shark, imported into
Virginia in 1786 by Benjamin Hyde. In England it was said
he was " the most capital horse of his time, beating all his con-
temporaries at every distance, clearly demonstrating his supe-
riority, whether they run for speed or run for bottom." He
won in England between 1774 and 1777 upwards of 20,000 gs.
He died near Alexandria.

Hon. Ju<%e Duvall (an associate of C. J. Marshall on the
Supreme bench) stated that " Shark was beaten by Dorimont,
the sire of Gabriel and grandsire of Oscar and Postboy in
1776; in 1777 they had another trial, with the same result;
in 1778, when they carried nearly equal weights. Shark beat
him. He was one year older than Dorimont." jShark was
to be the sire of the dam of Lady Lightfoot.

150

MAJBTLAND HISTOEICAL MAGAZINE.

Morizel in 1T94 was imported into . Maryland by Messrs.
Ringgold; 'Chateau Margaux and Claret in 1834, Priam in
1837, Rowton in 1835, Zinganee in 1836, all to Virginia, and
the surpassing Glencoe to Alabama in 1836. Priam had won
the Derby, Goodwood Cup, etc., and was at the head of all
horses on the turf according to public running. He won £8,820
and two cups. Sam CSiifney, the great EngliA jockey of those
days, said that Rov^ian, Zinganee and Priam were the three
best horses he ever rode. Zinganee, bred by Lord Exeter in
1825, by Tramp, had won the Craven Stakes and the gold cup
at Ascot, beating the great horses The 'Colonel, Mameluke, ete.
It was said " a great fidd -aad he beat thsaa easily in th© best
of style."

So you can readily understand that Virginia was destined to
make great strides ; — ^yet these horses were not to be, and could
not be, successful without the get of the early stock of Maryland.

In 1812 an event of importance had taken place for Mary-
land in the foaling in Prince George's County, again at the
Ogle seat, of Lady Lightfoot, far famed, aad tindeniahly great.
The record is as follows:

" Bred by Colonel J ohn Tayloe and foaled at Mr.
Ogle's seat, Prince George's County, in June, 1812, a
dark brown mare, 15* hands 3 inches high, 6 feet in
girth. iShe became Lady Lightfoot and was by Sir
Archy, her dam Black Maria by Shark. She was pur-
chased by Mr. Hall in 1824 for $1,500. with a bay filly
at her foot, and was positively the most distinct racer
of her day, having won between twenty and thirty races,
the majority, four-mile heats, and being beaten but
once, in her eleventh year, and then by American Eclipse
on the Union Oours© in Long Islajwi."

Lady Lightfoot waiS taken from Belair to Oaken !Brow on
the Rappahannock, Virginia. The story goes that she ran into
a cornfield, and Mr. Greenlaw, the Superintendent, remon-
strated for the damage. The owner said " let her alone, she is

THE THOEOUGHBBED HOBSE AND MABYLAND. 151

worth your whole cornfield" that might be estimated at $3,000,
She was allowed to run occasionally upon the wheat field, which
that excellent farmer, Mr. Greenlaw, also thought " a strange
fantasy." This is a point to be emphasized: one good foal is
worth an entire crop, and one bruised knee may mean $5,000.
in these days.

So again in 1820 we find another horse. Lady Lightfoot,
foaled in Maryland, at the very top of the tree. In the
stud she produced the great Black Maria, a mare described
as "of surpassing speed and wonderful power and endurance,
and the winner on the turf of the huge sum in those days of
$18,500." She was by Am«ra4ean Eclipse, out of Lady Light-
foot, the two horses whidh had had the severe encounter on
the Union Course.

Of course no story of the early days would be complete with-
out at least a reference to the great match between Henry and
Eclipse in 1823, but mere passing reference to it is made, and
for the reason that neither horse would have lived had it not
been for the early Maryland importations. Bellalr was the
maternal great-grandsire of Henry, and American Eclipse
traced to Selima.

Much could be written of the great matches and great horses,
but I will refer in detail to but two more — ^Black Maria, daugh-
ter of Lady Lightfoot, and Argyle. In the publications of
1835 we read: "Let not the gentlemen of this State (Mary-
land) forget her ancient ascendancy . . . that Prince George's
County then ' the racehorse region ' not only gave birth to the
above mentioned (Lee Boo, Post Boy, Oscar, etc.), but to the
almost unrivaled Selim, and in these latter days to the famed
Lady Lightfoot, to whom the North is indebted for the vic-
tories she won with her produce, Shark and Black Maria ; and
more recently to the famed Argyle that acquired such renown
the last winter in Georgia, as to give him the very first rank
on her turf, if not in the Carolinas. The three were foaled
within three miles of each other: the two former at Belair,
the seat of Benjamin Ogle, the latter at Marietta, the seat of

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MABTI-AITD HISTOEICAL MAGAZINE.

Judge Duvall." Argyle was a horse of great speed by Monsieur
Tonaon, out of Thistle, she by Oscar. Thistle was bred by
Thomas Duckett of Maryland. Argyle won eleven out of
eighteen races.

Black Maria was certainly the leading race mare of her
time. She won from North to South at all points, and enough
cannot be said of her prowese.

The blood of the older horses had been steadily refreshed,
and later on when Kentucky came upon the scene, the offspring
of these early Maryland and Virginia horses found their way
to Keatuclgr and oth^ States.

While racing was universally recognized as a sport, both in
Maryland and Virginia, it is possible, and probable, that one
year the sport might be better in one State than in the other,
and Mr. Ogle's hoarseB when sent down to Virginia had in the
old days won so many races that a regulation was passed for-
bidding the entrance in certain races of horses not foaled in
Virginia. The consequence wm that Mr. Ogle sent some of
his mares to Virginia to foal there, in order that ike prog^y
might be eligible.

This is an interesting sidelight, but it shows us how keen
the c(HBpetki(Hi was ; how much of it was devoted to the deed-
ing industry, and what exceedingly important blood lines were
maintained in Maryland in those early days.

The value of the foundation stock which Maryland provided
should constantly be emphasized. We often find notations
which refer to the Maryland blood. For instance, to give but
a few illustrations, in 1820 Bdlisaima, owned by B. B. Smock
of Monmouth, "New Jersey, and tracing to Selima, wtis sent
back to Maryland — " returned to Ogle's Oscar." At Florence,
Alabama, about 1833, we find the three-year-old chestnut filly,
Miss Ogle, winning; also the great Henry, who was the South-
em repres^ative in the nuateh race at Union Course, Long
Island, against American Eclipse, traced directly to Maryland.
Winning at Oglethorpe, Georgia, we find the chestnut filly
Tube Rose, dam by Bellair. Mr. Eidgely's Oscar was sent to
Ohio, and Mucklejohn to Lexi^cai to make a great succass.

THE THOEOUGHBEED HOESE A3SD MAEYLAND. 153

Again we find in Kentucky the very great Ophelia, de-
scended from Maryland stock, and her son Grey Eagle, matched
against the great Wagner in 1835. Wagner was by Sir Charles,
out of Maria West, and was bought by Mr. John Campbell of
Baltimore as a three-year-old for $5,000. He won $36,000
and fourteen out of twenty races, beating Grey Eagle.

Again in 1833 we find notice of Keform going to North
Carolina as a stallion. He was " well known in Maryland "
and was sold by William Tolson of Prince George's County to
the Hon, Samuel P. Carson of North Carolina. He was got
by Marylander, dam by Eiichmond, grandam by Ogle's Oscar.

Again in the stud of John A. Scott of Woodville, Miss., in
1834 we find a bay mare by Sir Archy, grandam Lady Boling-
broke — 'Maryland blood — ^and so it goes. Tyehicus was put
into training by Dr. I^vall of Priaee G^Mge's County, and
he became famous.

But we cannot leave the story of the old horses behind us
without mentioning Ae m«re Ariel, who " certainly ranked
with the best race horses of any age or clime." It was said
"we doubt whether any horse of any region ever did more
good running, attended with such extensive and constant
travel." Her pedigree traced directly from Partner, Othello,
Medley, etc. She was bred in 1822 by Mr. Gerrit Vandeveer
of Flatbush, Long Island, by American Eclipse, dam by
Financier. Financier, a famous horse, was owned and prob-
ably bred by Isaac Duekett, Esq., of Maryland, the land of his
maternal ancestry. This great mare Ariel was filled with
Maryland blood.

It is a most extraordinary thing how the staying qualities
of certain blood lines come out time after time, and long-
distance races, for the sake of the thorouglibred blood, should
steadily be encouraged. The public enjoys them — and they
develop the breed. One of the old colored servants on our
farm, who used to be a jockey in the late seventies for Gover-
nor Bowie, is a strong advocate of long-distance races; and
wjhen I asked him why it was, he answered : " Why, it develops

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MABYLAND HISTOEICAI- MAGAZINJS.

the horse. It takes horses with bottom that can stand the pace.
These short races are nothing. It's ting-a-ling, they're off!
Who wins? That's all."

In the old days the feats of the horses we are talking of
were extraordinary when measured by the modem standards.
No wonder their names and blood have endured. For instance,
Lady Lightfoot ran publicly 191 miles and wion 159 miles.
Ariel ran 345 miles and won 42 races out of 57 ; from iffew
York to Georgia lost and won about $50,000. Before his
match with Postboy on Long Island, John Bascomb had been
trained in Georgia for a match with Argyle, on April 12, " he
immediately started for th« north over a country well calcu-
lated for walking and even galloping exercise." " He had had
a long and hard training and required the very relaxation that
his journey afforded him, to recruit." He arrived on Long
Island three weeks prior to May 31 (May 10). It had been
a severe winter on Long Island. Bascomb won. A walk from
Georgia to Long Island was " relaxation." This quality was
called bottom.

So much, then, for the old Maryland horses. Let us take
up for a moment to a few thoughts on breeding.

In thoroughbred breeding the family lines are as clearly

defined as in human life, and reference is always made to the
female lines, which are called the tap root. This has gone so
far in England that a distinguished writer by the name of
Bruce Lowe divided the tap roots into some forty or more,
and all British thoroughbreds can trace to one of these original
mares. Only seven of these were Eastern or imported horses
(seven Barbs and no Arabs). The rest were native, and, in
the male line, as has been told, the desert blood asserted itself
only through three individuals. The writers of modern times
often become exceedingly theoretical and discourse at length
on the value of certain of these families as against the value
of others, from the point of view of speed, endurance, sound-

THE THOEOUGHBEED HOESE AND MAEYLAND. 155

ness, hereditary health, disposition, conformation and many
other points of view; and it is this very spirit and love of
analysis that forces one often to hark hack in America to the
old Maryland families.

The two important questions in thoroughhred hreeding are:
firat, the mingling of blood lines, or how shall the animal he
bred; second, local conditio»s, or where shall tiie animal he
raised, and why. There are many theories on the interrela-
tionship of blood lines. Experts express their opinions freely,
— different theories in somewhat the same way; the same the-
ories in different ways. There are those wiho say that there
should be a balanced infusion of the blood of the three great
borses — Eclipse, Matchem and Herod. There is no doubt but
that such breeding has brought success in many instances, and,
can be regarded as a strong and normal form of outcrossing.
There is every reason to find particular grounds for support
of this theory. For instance, the English horses had become
very strong in Edipee blood. A moderate handicap horse by
the name of Eoi Herode ran in England in 1902. He was a
horse of beautiful conformation, splendid French Herod blood,
of great endurance, but of no great speed. When bred to a
fast mare, tiled to the brim with Edipee blood, he produced
t;he sensational speed marvol of England, The Tetrarch.
Again, American mares, also well filled with Herod blood,
when sent to France and England and mated with their stal-
lions, have of late years produced two Derby winners, and
had many other very great successes. Speaking generally,
England is filled with Eclipse blood; France has ample Herod
blood; there is an important amount of Matchem ia each, and
America has been alive with Herod blood with sufficient
Eclipse. And now, through Hastings, Fair Play, Man o' War,
Omar Khayyam and others, there is an ample abundance of
Matchean.

A second theory of breeding is expressed by the sentence,
" Eeturn io the stallion the best blood of his dam." This, as
you can see, places in the centre of the pedigree the same line
2

156

MAETLAND HISTOEICAL MAGAZIKE.

of blood, and an excellent illustration is the very good filly
Careful, who has been winning at Pimlico this season, for the
dam of her sire is by Isinglaffi, and the sire of her dam is
Star Shoot by Isinglass. Another way of expressing it is that
it doubles the Isinglass in the right relationship. It sounds
complicated, but the reason is very clear if one thinks a bit.
One must assume that the top line of stallione are all good
horses, but of all the get of any given one, the son represented
is the breeder's pick; and it was the blood of his particular
dam that made him better than his many brothers of one-half
relationship. This argument applies in finality to the stallion
to be used: What made him better than his brothers (the
blood of his dam). Then give him some more in the dam of
the proposed colt. It is a case ci intensification.

A third method, which is not seen so often in horse pedigrees,
is an idea which has been followed very successfully in cattle
breeding. It is the return of the strong sire blood, but in a
different relationship from the above method. It is super-
imposing the strongest blood in the sire line of the female. For
instance, if one has a mare by Broomstick, who was by Ben
Brash, breed the maare to another son or grandson of Ben
Brush, thereby superimpeeing the strong Ben Brush blood.
The idea in both cases seems to be based on the thought that
one cannot get enough of a good thing, but of course the risk
is ran of too close inbreedii^.

Inbreeding is a method that has often been tried and with
interesting r^ulfts; for instance, the horse Ultimus, a son of
Commando, who in turn was a son of Domino. Ultimus' dam
was also by Domino. He produced phmomenal speed. All his
get could run, but it could not he said they were generally
healthy or generally sound. So he failed to attain the highest
mark. Look out, however, for the daughters of Ultimus as
brood mares. They will be heard from. The dangers of close
inbreeding are greater than its benefits.

Then there is the theory of breeding which follows success
and fashion, and consequently after a while mi^t t^d towwrd

THE THOEOTTGHBKED HOESE AND MAEYLAND. 157

inbreeding of the -vVliole race. For instance, the great Man o'
War is by Fair Play, out of Rock Sand mare. It may have
been a fertui^otts combination or not, but Mad Hatter is bred
the same way, and so is Sporting Blood, all big winners and
good campaigners; and so the Eock Sand mares are eagerly
sought after, and will many times be bred to Fair Play horses,
or those horses closely related to him.

Again, there is the haphazard breeder, who knows what he
is doing, but does not expect as much as he gets. He sends a
fair good mare to a fair good horse and obtains perhaps an
exceptional colt. Then the experts come along and show why
such a careful mating ( ?) could not fail. The truth is that
there is a very narrow margin between success and failure, and
in the above instance all the d@9imts happened to spell sueceae
and perhaps particularly, health.

In England in modern times there are a number of lines any
four of which, if found in the third generation, have meant
success time after time. When found, wliy ddve into Uieory?
The lines of St. Simon, Bend Or, Hamptoa, Ampihion aad
Barcaldine make names to conjure witih.

To these are added tihe Australian lines — tlie Trenton and
Carbine blood — and now of late yeaxe the Eoi Herode blood
of France. These are the lines one must look to, and the true
receipt is to breed the best to the best, and oonstanitly be on
the loofcout for newly refreshed lines which may be successful,
and to study the individual qualities, as well as the demerits,
of an animal, being careful from a physical point of view of
a given individual ; for whUe one should always consider blood
— and nothing can be done without blood — it is equally dear
that conformation is of vital importance, as one cannot expect
to have true conformation produced unless it be true con-
formation that produces it. They said in the old days " Blood
is Blood, but form is SH^riGcity." Form is born, and is
maintained by health. The elements of success are faultless
blood lines, male and female; faultless conformation, if possi-
ble, and then health, not only heidth at a given, momeirt on the

158 MABYLAITD HISTOEICAL MAGAZINE.

day of a race, or for tlie four or five months before a race, but
healtb from the date of foaling. Health includes soundn^s
of digestion and sonndneBS of the nervous system, as well as
soundness of bone. It is the horse which never goes wrong
from the start to finish that makes the successful campaigner.
"When one realizes that there is but a fifth of a second between a
stake horse and a sdKng plater, that on the same day a selling
race may be run in faster time than a stake race, it sihows
how keen the battle is, — and, at the moment of that battle,
whether it be in the first furlong or in 'the last furlong, a horse
needs everything imaginable, blood, conformation and the
greatest health possible.

Now, this is where, to my mind, Maryland has an advan-
tage ; it has a soft and friendly elimate ; it has rolling hills ;
it has pure water and a sweet soil and while in some counties
there may be a lack of limestone, there is a friendliness to
the climate and a health giving quality which means that
beings live well, and live long. The -winters are not long,
they are not severe; th^ are cold and invigorating, but the
air is soft. The nervous structure of an animal is not worn
out. While some might say that there is a lack of bone making
qualities, swih is not lie ease if iJie young atock is properly
fed and cared for; and in our personal experience so far,
Maryland has turned out horses which have been sound and
have remained sound — they are not overbony — and it is theee
advantages which have meant success from the earliest days of
the breeding industry.

One hundred and seventy years after Selima was imported
to Maryland, a Aestnut flily was foaled, on the same farm to
which she came. The filly traced back to a mare by Bellair.
This filly was raised on Maryland grass, drinking Maryland
water, and breathing the soft Maryland air until she went to
the training bam. She jouriMiyed tiiis year to Kmtucky and
won its premier filly stake, the Kentucky Oaks, and not only
did that, but won it in a new track record for Churchill Downs,
a mile and 1/8 — 1 :50 2/5. That was Nancy Lee. Who, then,

THE THOEOUGHBKED HOKSB AND MAETLAND. 159

can say that the best cannot he raised in Maryland today, as
they were one hundred and seventy years ago.

In breeding, while one wishes to ^tablish families and main-
tain and improve a line of matrons, one should, however, always
keep in mind the oncoming successful lines. For instance,
there was an interesting filly sold in England in the October
sales. She was by Santair, out of a mare by War Orave, and
she out of a mare by Trenton. Santair has done nothing ; "War
Grave has done nothing ; Trenton was a great stayer. But this
filly combines the lines of three great staying horses: Santoi
through Santair; Carbine through War Grrave and Trenton.
And this is such an interesting situation from a breeder's point
of view that I could not resist making a bid on the filly in
order to bring her here and breed her to our high speed horses.

Another interesting filly was sold at Saratoga this year, ^he
combines all the best blood of Mr. W. K. Vanderbilt's French
Stud. She is by his stallion Sea Sick out of Brumelli, she
by Maintenon out of a mare by Prestige. Hiose three staHions
were Mr. Vanderbilt's three great horses, and Brumelli was
about the most successful mare he ever owned. The conse-
quence is that this filly (called BrumeUini) combines the con-
centrated blood" of Ms entire stud — the result <rf the thou^t
which he has devoted to the breeding of thoroughbred horses
which has proven so successful for him. She may be good,
she may be bad ; but it's a very interesting thing to the breeder.

Now the leading stallions in England to-day are Sunstar,
Polymelus, and the Tetrarch. Here the dead Star Shoot was
the premier stallion for a long time. The dead Celt now heads
the list for Mr. Hancock; Mr. Wliitney's Broomstick stands at
the very top, and Mr. Belmont's Fair Play, the sire of Man o'
War, is in great demand; but there are many others, and our
stock has been vastly improved during the past five or six years.

TMiigs can be proved and diifproved to the ■heart's content.
Some say that old mares do not produce as well as young mares.
Some say they do not want the first foal of a mare, but to show
that one must not be too theoretical, and that success depends

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MABTLAND HISTOEICAL MAGAZINE.

upon other things than mere statistics, I might say lihat Gay
Crusader, the best horse England has had for years, was a first
foal. iBonnie Mary, one of tlie faatrat fillies that has been in
this country for years, was the daughter of Belgravia. Siie
was the daughter of Bonnie Gal, she the daughter of Bonnie
Doon, and she the daughter of the great Queen Mary. Queen
M«ry w»s foaled in 1843 ; Bomie Mary "was foaled in 1917,
which leaves 74 years for four mares, an average — remember,
an average of eighteen years per mare. So who can say that
old mares are not good producers, or that first foals are not of
value.

Another statement often heard is that mares which have
raced hard do not produce well. There seelns to be good reason
for this: thdr vitality has been used up. It may be that their
nerrouB syitem is wrecked, and there may be many other good
reasons. Take a mare like Sceptre, a very great English mare.
Her progeny was no more than normal, but the offspring of her
daughters are akionnal, and in Bmehan and Oraig-An-Eran,
b®r grandsons, we have the two best horses of their respective
years in England. Per contra, the case of the famous mare
Beeswing is remarkable. Back in the 1840'8 she won the
Newdwtle Cup im «x differeart She iron the Doncast-er

Cup in four different years — *!hree of them in succession —
and she won the Ascot Cup at two miles. One would have
thought that that was enough for a mare to do, but on going
into the st«d she piY)dBeed I^ewmineter, a great horse and one
of the greatest sires. He was the founder of the Hampton
line of horses, now in the ascendancy in England through
Bayardo, Gay Cmsader and Gainsborough, and in thie country
soon to be tlhrough Wrack, Ambassador and Brown Prince;
and this is all in a large part due to Beeswing. She was a
stayer of great merit, and so was Hampton, and so are the
Hfti»p^ heises. On Ae e^es hand, take the wdl-known
mare Blue Bonnet, who wcm the St. Leger in 1842, a great
racing mare and one of the idols of England at the time. She
had about a dozen foals, all by the best horses, such as Flying

THE TIIOEOUGHBEED HOESE AND MAEYLAND.

161

Dutchman, Van Tromp and others ; and not one of their names
remains in the memory. This seems to be inexplicable, but I
happen to have at home the portraits of these two great mares,
by Herring, hanging side by side, and I believe a possible
answer lies in the fact — if the pictures are correct — that
Beeswing was a model of perfection in conformation. This
may have aided her own nervous system or her powers (d
transmission, but at all events she must have given to her
progeny a perfect skeleton. Blue Bonnet, on the other hand,
was a long, lanky mare with great merit in certain respects,
but not a perfect animal by any stretch of the imagination.
Oould she, therefore, impart to her foals so perfect a skeleton
as Beeswing could? This is speculation, of course, but I
think it is interesting; for it merdy empOiasi^ the fact that
the great horse needs everjiiing — blood, soundness and con-
formation — and the final result is the combination which is
necessary to beat the fiflih of a second and which makes him a
great horse. The great authority, C!oTint Lebndorff, used to
say that the brood mare of value was the mare of perfect type
and of excellent performance — not necessarily the one who
wine races, but the one who challenges the winn^ and finiahee
in the money constantly, and steadily showis her ability to
race, hor desire to raee, and her gamenese in the struggle whm
called upon.

It sfaould he Temesakexed ^b&t all stallionfi are selected by

public approval and by the weeding out process, but unfor-
tunately all mares are not so selected. A good many — too
many — are bred, such mares being wholly improper for the
purpose. Therefore comes the bdief, which I have adopted as
a motto at Belair, that "On the quality of the matrons de-
pends the success of a stud," for it is the owner of the stud
who must select his matrcmfi, and it is useless to select anything
but the best. They should be mares coming from great mares
and with as many other great mares in their pedigree as pos-
sible. The importance of great mares in the pedigree of a
matron cannot he exaggerated. The beet only can beget the

162

MAEYLAND HISTORICAL MAGAZINE.

best. It is the foundation upon wMch all rests,
to be remembered are perbaps the following:

The names

[ ''' • Geeat Peoducing !Maees of England

Pocahontas Feronia Agnes Memoir

Queen Mary Atalanta Violet La Fledhe

Beeswing Concusgion Vertumna Sanda

Blink Bonny Quiver Paraffin Maid Marian

Sceptre, etc., etc.

Ot Ausbica

Alice Cameal
Ballet

Modesty
Lady Reel

Bourbon Belle Jaconet

Maria West
Aerolite
Red and Blue

Mannie Grey
Maggie B B
Fairy Gold, etc.

These are of course not all, but time and again in great
horses you will see these names reappearing. The affection
one gets for a great producing mare of the days gone by is real
and enduring.

And so I come to a close. I have tried to show the merits
of the early Maryland horses, in a form that would appeal to
llie student of history. I have tried to ahow that Maryland
can raise such horsos today, and I have tried to indicate the
benefits this would bring to the State. Let me leave a parting
word with you. Do everything you can to protect the thorough-
bred. Be advocates of sport, true and clean, good for those
who participate, for those who look on, and for those who read
about it; for in this way the cause of the best of animals is
promoted and is protected. Cherish the thorot^bred and love
him for his many-sided and stalwart character. It is worthy
of your affections.

LIONEL COPLEY, FIKST EOTAL 60VEKN0E OF MAKYLAND. 163

LIONEL COPLEY, FIRST EOYAL GOVERNOR
OF MARYLAND

Annie Leakin SidrsaiTt

Historian, Colonial Dames of America

The first Koyal Governor of Maryland would seem to have
met with but scant appreciation in the annals of the Oolony to
which he was sent in answer to the petitions and addresses
from the " Associators " after the Protestant Eevolution in
Maryland — a miniature reproduction of the conflict whidi had
shaken the Oovernment of England to its centre.

Perhaps no ruler had ever been more heavily handicapped
from the start. Governor Copley knew that he would not find
a united Oolony, but one rent and torn by bitter dissensions
with an experience of siege and warfare bet"vveen the rival fac-
tions only preserved from bloodshed by the vastly superior
nunlbers of " The Association in Aims for the Defense of the
Protestant Religion and for asserting the right of King Wil-
liam and Queen iMary to the (government of) the Province
of 'Maryland " over the party under the Deputy Governors and
their successors left in charge of affairs when my Lord Balti-
more went back to England.

The dislocation in the order of things was far more violent
than could have been foreseen in the passing from the Proprie-
tary rule conferred on a " well beloved and trusty " subject
by the King with all its generous provisions, to the state of
chaos in the Colony under the rule of a King, himself a com-
parative stranger to the EngliA people.

The State House on the bluff where the first colonists had
finally landed, had been fortified, but the hundred men repre-
senting the Proprietary could not hold out against the seven
hundred, marshalled in the popular forces of the day. When
therefore the Council had been driven back to the " inforted "
official residence of Lord Baltimore on the Patuxent, the sum-

164

MARYLAND HISTOEICAI* MAGAZINE.

mons for surrender sent in to Mattapany by a trumpeter from
" our camp before the Garrison " by the enemy, was the death
knell of the unique Proprietary and early provinfeial life of
Maryland. In fact, the incoming officials suffered not a little
from the elements composing the new regime. Captain John
Coode, for instance, wias not a iieroic figure from any stand-
point, but at best a renegade and a master trouble-maker, nor
was the illusory combination between Roman Catholics and
Indians, who were marching down 10,000 strong to " cut off
the inhabitants," a good start from a strictly historical point
of view, while the failure to proclaim their Gracious Majesties
more promptly (although no one could have foreseen the death
of the messenger on his way from England) did not endear our
Colony to their Majesties or to the officials whom they sent out.

The climatic conditions were at their deadliest and many
new arrivals did not long survive their " seasoning," ^ and so
the man whom. the King delighted to honor found a vastly
different state of things from his exalted positions in the
Mother Country. His heaviest blow, however, came in the
death of his wife so soon after their arrival, his own " long
sickness " followed, and his tenure of office was of short dura-
tion. He lived but a little while, not long enough to find his
own footing or to adjust himself and his personal affairs in
any direction. Introduced to us in the annals of the day as
Lionel Copley, Governor of Hull and of Maryland in America,
it seems worth while to trace hig career previous to his appear-
ance in these parts.

Bom in 1648 ^ he was matriculated at Brasenose College, Ox-
ford, 14 July, 1665, aetat 17 (Foster), and in 1675 married
to Anne daughter of Sir Philip Boteler of Walton, Woodhull,
Herts. He did not possess the title which came to his elder
son Lionel from his grandfather,* Sir Geoffrey Copley of

^ I. e., their acclimatization. — " The ships beg leave to sail, the time of
the yaar approaohing very fatal to their seamen running the danger of
the country's seasoning." Ass. Pro., 1584-93, p. 352.

'Vide Genealogist, vol. 16, p. 114.

• Created baronet by Charles II, A^l 9ft; ihid., 1686.

LIONEL COPLEY, FIEST BOTAL GOVEENOK OF MARYLAND. 165

Sprott^borough, although the Governor was sometimes so-called.
The family were numerous and notable in divers and sundry
of the shires of England.

The early adventures of our Lionel Copley of Wadwiorth as
a civic and military officer are well defined in the History of
Hull in which he hore a sturdy part throu^out the foreshad-
owing and actual events of the Protestant Bevolution in the
Mother Country. His first ofScial mention in connection with
Hlall belongs to the stirring times when " the King had come
to his own again," and in no place was the 'Merry 'Monarch
more loyally welcomed than in the flourishing port and town
of Kingston upon Hull, renowned for its conservatism, inde-
pendence, and an uncompromising adherence to the Protestant
Religion.*

The Municipality of Hull went through many vicissitudes
in the approach of the Protestant Revolution. As early as
1680 the Duke of Monmouth, the natural son of King Charles
II, was made Governor of the Towsi and General in Chief of
his Majesty's forces, and his life here seems to have given him
the start on his ambitious road to ruin. His Royal Father's
displeasure at his rehdlious attitude soon deprived him of these
honors. To him succeeded the Earl of Plymouth as Governor.
He came down to Hull in great state with his retinue and was
met at Barton by Captain Oopley, deputy Governor, to conduct
him over the River Humber. Al the landing staith they were
met by the corporation, which received him in due form and
attended him to the house of Captain iCopley where an elegant
entertainmrait had been prepared for him.

The new Governor swept a vigorous broom to clear the vicin-
ity of 'Conventicles, and finding one of the luckless Ministers
(the other having been hidden) arrested, fined and imprisoned
him for six mcmths. "According to the iniquitous custom of

■* The History of the Town and County of Kingston upon Hull Prom its
foundation in the reign of Edward the First to the Present Time, by Eev.
Jrtin Tidtell. Dedicated to William Wilberforce, M. P., for. the County
<rf York. Friend of the degraded African. 17#6.

166

JIAEYLAND HISTOEICAL KAOAZINE.

the times," says the old chronicle, ordering that the laws against
Dissenters, suspended for some years, should again be put in
full execution.

The next attack on the liberties of Hull was the demand
for the return of the Charters, and to obtain concessions to that
end, Judge Jeffreys, that notoriously infamous personage, was
sent down and in the scribe's words, " forgot nothing," which
was thought capable of terrifying the corporation, and meeting
with the usual success of his iniquitous procedure, the Charters
were surrendered. But the day came when the death of
Charles H and the arrival of the Duke of York as James II
brought another turn to the wheel of fate. His promises were
solemnly given by the new monarch to support the Church and
State as established by law, but they were but fleeting. He
soon threw off the mask. An ingenious declaration for liberty
of conscience was passed and all restriction removed from
Popery. His Parli^ient was dissolved on 2nd of March in
the determination that oidy those ^ould mm^ve who TWtould do
his bidding.

The third Governor in this troublous time was Lord Lang-
dale. He grew violent over the refusal of the municipality
to " chuse only such as do approve the King's declaration of
indulgence " and assured them from his Master that nothing
would so much conduce to the settlement of " this distracted
nation " as a toleration in religion. But the Magistrates of
Hull only made answer as good Englishmen and true, " that
elections, whenever his Majesty should command them, should
be fair and free according to the Law of the Land."

For this brave utterance the town was harried and plun-
dered by the 1200 soldiers sent down to live on free quarters.
The people were robbed in the streets, the farmers pillaged in
their market carts, the Mayor and Alderman threatened that
their houses should be burned unless they would consent to
" chuse such members as were friends to his Majesty's Declara-
tion." The Burgesses were imprisoned in the Ghiard House
and one lost his life through their cruelty, and the final blow

LIONEL COPLEyj FIRST EOYAL GOVEENOE OF MAEYLAND. 16Y

was struck wlien the King issued his writ of quo warranto
against their Charter already surrendered and returned to
them so many times. This brought theta to impending ruin
and so again they had to plead with the King " to restore those
privileges of town and port on which trade and commerce do
much depend." This was finally granted and again Judge
Jeffreys came down to finish his work. But rumors were in
the air, and the old chronicle records that in October " the in-
fatuated monarch became sensible of his errors and the growing
discontent of his people," so he repented him, although late
in the day, and hastened to make proclamation by which the
ancient rights and privileges might be restored throughout
the kingdom.

Wh^ the fleet equipped by the Prince of Orange in Hol-
land was known to have set sail for England, wild consterna-
tion prevailed, preparations were made for siege, and by the
time that he had landed at Torbay with 15,000 men Lord Lang-
dale had been sent down to secure Hull for King James.
Eoman iCatholic refugees poured into the town and the Duke of
Newcastle contrived to march his entire Regiment in for its
greater security and to strengthen the popish soldiers at tiiis
important point. Encouraged by this accession of strength,
says the iChronicle, a plot was laid to secure all the Protestant
officers at the changing of the Rounds.

Lord Langdale accordingly gave out that the Lord Mont-
gomery would that night take the rounds of Captain Copley,
a Protestant. Incensed at this infoilnation. Captain Copley
declared " If the Lord Montgomery should offer him any such
indignity, he would lay him by the beds." The rest of the
Protestant officers were sent for and it was agreed to call all
the soldiers privately to arms and to secure the Governor and
principal persons.

There was no time to be lost. In less than two hours the
Market Hill was covered with armed men who were encouraged
by being told that they were called on to defend the King and
the Protestant Rdigion. So much prudence and secrecy had

168

MAETLAND HISTOEICAL MAGAZINE.

been employed that Lord Langdale tnew nothing of it until he
was seized by a party of soldiers under 'Captain Oarvile and
told that, as a Roman -Catholic, by the LaAv of the Land he had
no right to govern. Greatly amazed, he asked, " Is not the
King's dispensing power to be admitted of ? " To which the
other answered, " No, by no means." Then said Lord Lang-
dale, " I have no more to say at present," and surrendered him-
self a prisoner. This was also accomplished with the other
Eoman Catholic officers. The next morning being the 4th of
December, Captain iCopley, at the head of one hundred men,
marched out to where the guards were stationed, wiho, ignorant
of what had happened in the night, were thus secured and with
them all the rest of the opposing forces.

The Town, Fort, and Citadel being thus rescued by the reso-
lution and prudent conduct of Captain Copley and the Protest-
ant officers, the prisoners were all set at liberty to dispose of
themselves as they would. The anniversary of this day is still
celebrated at Hull and is called by way of distinction " the
Town taking Day." For this meritorious piece of service,
quoth the scribe. Captain Copley was advanced to the rank of
Colonel and made Lieutenant Grovemor of Hull. After the
King had reached London he sent a letter expressing his ap-
probation of the conduct of the Magistrates and officers, highly
commending the prudence and secrecy by which they had pre-
vented effusion of rnadi blood. Evidently the King's Majesty
bore Copley in mind, for in 1690, my Lord Baltimore had
prepared the Commission necessary from him, and while the
legal adjustments were tedious and the preparations for 'the
long voyage to the new home were protracted, on August 9,
1691,^ he received orders to be ready by September 15th, when
" passage will be provided for Col. Copley Governor of Mary-
land and Secretary Sir Thomas Lawrence, with their Families,
household goods, servants, and the usual victuals necessary on
their passage on board the Convoys." Another similar order

'Council Proceedings, p. 271, yoI. 8.

LIOI^EL COPLET, FIKST KOYAL GOVEENOE OF MAETLAND. 169

is given October 8, 1691, under signature of the Queen's most
excellent Majesty in iCouncil, Meanwhile Mr. James Frisby
was moved to go from Maryland to England and there he heard
that " one Copley should come in as Grovernor " and assures
Casparus Harman that the new functionary would meet with
many obstructions. That he arrived after much tribulation is
set forth in his letter to the Lord President of the Board, June
2, 1692, when he excuses himself in that he could not pay his
duty to him before he left England. But, he writes, when he
came to Deal, the Meet was sailed, and he had to go to Ports-
mouth where he met with the Alborough Ketch, in which he
had a very ill passage to Virginia. In this same letter of June
2, 1692, he hopes when his proceedings have been laid before
•feig Majesty's CkHnmission their Lord^ips will see that he has
pot been wanting in their Majesty's service. He understands
by Mr. Cbode (the gentleman whom I>r. Wm. Hand Browne
was wont to describe as "that unsavory bird ") that a commis-
sion has been sent out to supersede him, at which he is much
troubled till he knows the truth. It will be seen that the
trouble maker lost no time. On May 10, 1692,^ he had made
his first address to the Assembly called together to meet him.
Having read his commission to tten, he th«i declared himself
in words following:

" When the King, upon your address to him to have a Prot-
estant government, had signified his gra^oas intention of send-
ing me amongst you, I presume you are sensible of the restless
endeavour of some persons to obstruct it. The difficulties and
hazards I ran did not at all daunt me from hastening to you,
proposing chiefly to myself of seeing a foundation laid for a
lasting peace and happiness to you and to your posterities.
The making of wholesome laws and laying aside all heats and
animosities among you will go far toward it."

On the next day. May 11, 1692, he has to address them by
proxy : " Grentlemen, Being myself at present under some in-

• He bad already met the Council on April 6, 1692.

/

170

MAETLAND HISTOEICAL MAQA2IKE.

disposition, so that I can not be personally present with you,
I have thought fit to appoint Col. Blakiston to preside." It is
probable that mudi of the work had to be done by proxy, and
his working staff, so to speak, consisted of Sir Thomas Law-
rence, Bart., K. B., chancellor and secretary ; ifehemiah Blakis-
ton, president of the Upper House ; Kenelm Ohiseldyne, speaker
of the Lower House. Notwithstanding these drawbacks, arti-
cles of peace and amity were drawn up and accepted by the
Indian Werowances. The acts for the establishment of re-
ligion with the further establishment of the Ohurch of England
by law, the division of the colony into parishes, one of the
most valuable aids to law and order, since it brought to notice
many congregations who had been meeting since the laymen
kept up the services in the chapel at St. Mary's from which
Mr. Gerard took their prayer books and had to bring them back
again in 1642 ; tbe regulation of incomes, registration on vestry
books, duties of vestrymen — all these belong to his reign.
From the time of his arrival in the province to his final de-
parture on September 27, 1693,''' his days were filled with
responsibilities and duties which might have daunted a well
man, and to one who lacked his usual health must have been
heavy burdens. When his strictly ofiicial days were over there
was always the accounting for the personal estate brought into
the colony and of which w^e have had the inventories.* One
wonders how far these articles served him — many of them far
better suited to the polite world, the military life, or the gen-
tlemen sportsmen who rode our English fields or paraded on
London pavements. Did he ever have the chance to appear
upon his prancing white steed called " Draggon " with the
crimson colored plush saddle, its housing of green velvet and
deep silver fringe, and buckles ? Did he use the silver spoons,
knives, and forks at functions in the Great House? Did the
gentry sit above the " large silver salts " and the leemr -aaes

'Two dates are given for the denth of Sir Copley— '7th of Sept., and
27th of Sept.

' Found, and kindly placed at our disposal by Margaret Eoberts Hodges.

LIONEL COPLEY, ITEST EOYAL GOVEENOE OF MAEYLAND. 171

below them at table ? What did lie mean to do with fifty-five
pieces of Arabian gold, worth £23.17.00 ? What did the seal-
skin trunk contain, and was the gilded wood for the bedstead
ever put up? Was his own printing press ever used (although
he was cautioned as to how he employed it) ? These and many
other questions must remain unanswered, but at this long
distance we are grateful for his faithful work for us and our
" Posterities."

However all this may be, our first Eoyal Governor filled
the forecast made by him in his first address. His reign was
a peaceful one so far as he could reckon with the material at
hand, and let us hope that he derived much comfort from the
testimony of the Council sent to the Powers that then were —
in the letter setting forth " Our Present Governor Lionel
Copley who, we are thoroughly sensible hath demeaned himself
with that apparent (used in the sense of patent) Loyalty,
Good CJonduct, Prudence, and Integrity to the honour of their
Majesties and the generall satisfaction of the whole Council,
that we are bound to pray his Continuance among us." A good
and sufficient answer for the innuendoes made by Captain John
Coode to the authorities at home.

There is little more that we can gather before he is spoken
of as " the late Governor," dying on September 27, 1693, not
quite two years from the time of his arrival, counting the year
as beginning with Lady Day, Maich 25.

His will, written in faith and trust, as the use went, gives
us chiefly the information we want of his family. " I give
and bequeath to my son Lyonel Copley two equal parts of all
my Personal Estate . . . the other third to be equally divided
between my son John Copley and my daughter Ann Copley."
Thomas Tench, Esq., wrote the instrument which Mr. Llew-
ellyn informs the deponent "was according to the deceased's
order and he intended to sign and declare it to be his last will
and testament, but it pleased God to take him to Himself
before he could accomplish the same. . . ." Governor Andros
inquiring how Governor Copley ht^ disposed of his estate.

172

MAEYLAND HISTOEICAL MAGAZINE.

upon which the eldest son and heir of the deceased showed his
Excellency his father's intended estate, upon which his Ex-
cellency ordered the said eldest son and heir of the deceased,
that it was his right to choose wihom he pleased to administer
on his father's estate on his and the other children's behalf.

The children were sent back to England, having been in
care of the <jrovernment here during their stay.® Through
these long years We sympathize with such an ujiusual com-
bination of events by which to their grief in the loss of both
parents in this new world in which they were comparatively
among strangers, was added the delay in the burial of the
bodies of Governor Copley and his Lady.

On July 27, 1694, was given "An order for Interring the
bodies of the late Governor Copley and his lady. It being
represented to his Excellency that the bodies of the late Gov-
ernor Copley and his lady deceased, lye still uninterred at the
Great House, and considering it was expected some order
should have been received ere this for carrying the same by
some man of war or other vessel for England, but there appear-
ing as yet no such order, and fearing that longer delay of
interring the same may prove obnoxious to the parts here
abouts. Therefore ordered that immediate care be taken for
preparing a vault to lay the said bodieH in and that the cere-
mony of interring the same be p^formed at the next Pro-
vincial Court with all the decency and grandeur the constitu-
tion and circumstances will admit of, and that three Brass
Guns (being all thats to be had) in readiness and the Militia
of the adjacent parts. July 27, 1694."

But the long hot summer passed away without any change
in their strange resting place, although some process of em-
balming had been uaed, and on the 27th of SeptembCT comes

" Acct. — " To Sundry disbursements for the occupation and use of the
orphan Children and particulars taken out of the Estate after the acct.
for their supply in their voyage for England as per particular acct. —
J«7.1§.00."

LIONEL COPLEY, FIEST EOYAL GOVEENOB OF MAETLAND. 173

" An order for interring the Governor and his late Lady.
Taken into consideration the appointing for a day for interr-
ing the Bodies of the late Governor Oojd^ and his Lady, where-
upon it was ordered that the said Solemnity should be per-
formed on the 5th day of October next, and that notice be given
to Major Campbell, Captain Waughop, and Captain Cohn-
haugh to be present with their Troops and Company and that
all things to be put in rea'diness against that time, pursuant
to former orders."

Up to the present time the most laborious search has failed
to unearth any account of the actual ceremonies of this
occasion. That the vault was made and very well made we
have indisputable proof. The detailed account is given.^^ We
also kaow that today the dust lies there in the leaden eoffins
where they were deposited two hundred and twenty-eight years
ago, for we have seen them, and so we link up the present with
the long-ago past.

The Maryland Society of the Colonial Dames of America,
in keeping with the Constitution of the National Society, have
for their final aim the preservation of the memories of those
who through peril and toil indescribable, came out into the
wilderness of these colonies, whose valor and achievements are
beyond all praise. Our Society therefore has assisted in many
such memorials both in our own State and beyond it, and
under our present leadership have gladly undertaken the resto-
ration of the last resting place of Lionel Copley, first Eoyal
Governor of Maryland, and Anne his wife. This has been the
more desirable since there has been some dubiety as to the
tenants of this vault, the only one here ever built. In the in-

" Council Proceedings, H. D. 2, pp. 43, 65.

Tobacco

"Ricibard Benton for building ye VauH &c i960 lbs

Aseist&nce, Bricks for saine IIM "
Marks Burrowea, a tcill of Rum 10a & paid for Nails

for the Coffin & repairing ye Governors House 2000 lbs

Willitun Haines for Iron work for Gov. Copleys C<rfSn 600 lbs

174

MARYLAND HISTOEICAI. MAGAZINE.

accessible condition of the Public E«cords in days gone by
and the nearly total loss of the parish books, it was supposed
certainly that it belonged to the Oalverts and contained the
body of Leonard Calvert, first Governor of the colony, 1634,
with his wife Anme, the initials being the same.^*

To th(Me who know of Leoimrd 'Calvert's steadfast devotion
not only to the Roman Catholic faith but his protection of the
Jesuits even after his august brother had forbidden them the
colony by reason of the controversy concerning the Manor lands
given them hj the Indians, it would l>e plain that he would
never have been buried in other than consecrated ground, and
dying as he did in the troublous times he was probably tenderly
oared for by his own and and possibly placed in the stronghold
of the Fort at St. Inigoes.

On May 1st the vault was uncovered and opened in the pres-
ence of the Rector, a representative from the Vestry who hold
title to the property, and accorded every facility possible to the
Committee of the Colonial Dames, Miss Williams, President ;
Mrs. Rieman, Vice-President, and Mrs. Sioussat, Historian.
They had also brought with them Mr. Matthew Gault whose
experience in such matters was very necessary, and were very
much interested to find the fair condition of the brickwork and
that anything bad been left of tie interior after all these long
years.

The first entry upon their quiet resting place was made about
August, 1799, of which a brief account is herewith given,^^

" The proofe of identity later eBtobliidted bear etr<^ testimony to the
value of the printed Ardbives in our valuMble series, and today we owe
mucb to the present successor to these Colonial dignitaries, Governor
Albert Ritchie, who so materially by his influence added to the appro-
priation made by the State for further publication of these fast vanishing
treasures.

''A very detailed account of this first entry may be found in Chronicles
of Colonial Maryland, Appendix, p. 379, James Walter Thomas. This
iriMtract is here given as -iitting in with this general relation :

" On exiBminiBg tiie smaller Coffin tke winding sheet was perfect, as wa«
every other gannmit. When the face of the corpse was uncovered it was
ghastly indeed. It was the womAa. Her 'figure w»e pwfect but blade «s

LIONEL COPLEY, FIEST EOTAL GOVEENOE OF MAETLAND. 175

and the letter sent us the Rector of his special investigation,
in which we got the last glimpse, we hope, of the mortal remains
of those, our EngliA forefathers, so far away from their own
home, but whom we hope to honor for time to come, to our
" Posterities."

Lettee of Rev. C. W. Whitmoee, Rectoe.

" St. Maey's Parish^
St. Mary's City,
Maryland.

"May 6, 1922.

" My dear Miss Williams :

" After you left us on Monday I succeeded in making an en-
trance to the Copley vault by means of a rope. Unfortunately
there was nothing of any historical value or interest to be seen.

" The vault is built arched, of colonial brick, evidently of
local make, finished smooth inside except wtere an opening in
the west end has been bricked up from the outside, leaving a

the blackest negro. Her hair was platted & trimmed on the top of her head
— ^her dress a white muslin gown short sleeves & high gloves — jnuch de-
stroyed. Stockings much darned — ^her cap had long ears & pinned under
the chin — ithe lady was filled with spices & gu™s, hence the color. She
was * small w<Mnan & appeared delicate. The winding sheet marked with
three small cross figures and on the lid were letters A L possibly standing
for Anne Lionel. We have not the snmlleftt «eCdBitt Ttfeo they were. We
replaced them as before."

It seems possible that there may have been a second entry later.
When, as a child, the subscriber visited St. Mary's with her father, the
story of the prank played in acceptance of a wager by a group of young
bloods at Eose Croft across the river. They came with lanterns and
probably opened the same place in the vault. Their amazement at finding
sudh weird figures as the embalmed corpses soon sobered them up and
wiJiiout any attempt to fill up the space dug out, they fled. Certainly
the account of the disturbance of the dceletons, the baste with wWch the
bones were thrown in, denotes anything but a desire to have matters
done decently and in order. The Rev. Harvey Stanly speaks of it as some
thirty years before the publication of his book, " Pilate and Herod," 1853,
and mentions Mr. Bichard Thomas as having talked it over with him.

176

MAETLAND HISTOKICAL MAGAZINE.

rougli inside finish. It is serm. feet Mgli at the pmk of the
arch.

" Both the caskets has been broken open along the full length
of the top, so that it was only necessary to fold back the leaden
tops to see the contents. The wooden inside caskets were almost
entirely rotted away, the few; remaining fragments, however,
showed that the wood was rough unfinished pine.

" The skeleton of the woman was practically intact except for
the finger bones of each hand. The two upper front teeth were
missing and the lower ribs were broken where the top of the
man's skull and one of the forearm bones had evidaitly been
thrown in with considerable force, force enough at least to
break these bones, for they lay among the broken ribs.

" This piece of the man's skull had evidently been sawn
across, verifying the traditions that an embalming method had
been used that included removing the brains and fillii^ the
skull with gum spice.

" The skeleton of the man was in a much worse condition.
The remaining parts of the skull and the arms were COTisider-
ably disarranged.

" There was not the slightest trace of clothing or trinkets
or of any historical relic, and there was no stamp on the casket
that I could see.

" A strange bit of fungus growth had been forming all these
years here and there on the roof of the vault and falling down
in small piles that look like piles of metal filings.

" It was evident from the structure of the vault that when
built an opening had been left the size of an ordinary door
through which the bodies were brought into the vault, after
which the vault was sealed with brick from the outside. Evi-
dently no part of the vault was ever above ground, as the
outside is rough as it would be if the hole had been dug and
lined with brick.

" The hole we made in the top was undoubtedly in the iden-
tical spot where the vault had been previously broken into. All
the rest of the top was of smooth finish as you noticed, but this

JAMES ALFEED PEAECE.

177

portion near the southwest corner was all rough and loose.
Broken fragments of brick could be picked out with the hands
and the hricks of the arch itself were very loosely and irregu-
larly put in at this point. They were easily remoyed by hand,
whereas the rest of the arch was still very firm.

" This hole has again been sealed and we await with interest
your decision in the matter of a permanent memorial. We
appreciate very much your interest and that of your friends
in helping to mark adequately the historic details of this Mary-
land shrine.

" I very much regret that I will be unable' to attend the meet-
ing of the Maryland Historical Society on the eighth, and I
am sending you this account of my observations in the vatdt in
case you may 'be desirous to diseuss the matter yourself art the
meeting.

" Cordially yours,

" (signed) C. W. Whitmoee^
" Eector, St. Mary's Parish,
" St. Mary's City, Md."

JAMIS AliFEED PMABGI!

[Cei^inued from Vol. XVn, p. 47)

On Feb. 14, 1846, Pearce presented the credentials of
Eeverdy Johnson, as his colleague and, on Ihe 27th the two
Maryland Whig senators voted for the extfflision of the Missouri
Compromise line through the territory acquired by the aimexa-
tion of Texas.^''"' Johnson continued as his colleague, until he

"■On May 26, 1846, Pearce offered a resolution to inquire into the
expediency of providing by law for the dietributi<Mi tmoag soldierfl the
value of pubBe property eaptored frera thb mmay.

178

MAEYLAND HISTOEICAL MAGAZINE.

resigned in 1849 to become attorney general and was suc-
ceeded by David Stewart, a gubernatorial appoiatment. Gover-
nor Thomas Gr. Pratt was next chosen by the l^islature, to serve
from 1850 to 1856, and Anthony Kennedy succeeded him for
the term extending from 1857 to 1863. Pearce's relations
were pleasant with his associates, who, except Stewart, were
of his own political faith. The nearest that he came to an
important disagreement with any one of them, was with
Johnson, at the time of the Mexican War.^'^"

Ui<bane and d^nified, Pearce speedily established pleasant
relations with his fellow members, especially with those of his
■ " mess." Even in the excitement of debate, he rarely showed
acerbity of manner. He was frequently engaged in controversy
with John P. Hale of New Hampshire, whom he regarded
" as a man of extreme views and imperious temper." Their
differences did not occur, however, over political questions, but
because Hale was, continually, attacking appropriations for
scientific work, of which appropriatkais Pearce was the chief

On Aug. 7, 1846, Pearce together with Johnson successfully opposed
a disaffirming the territorial lavs erf l6«ra laA Witeaami grantii^ banking

privileges.

On July 13, 1S48.

" The esteem with which he was regarded by his colleagues is shown by
the followini; l»-i^ notes from the two ^eatest Wbig leaders.

From Henbt Clay ow Fbbktabt 4, 1845.

" My dear Sir

Will you kindly do me the favor to ddiver the enclosed lett^ to your
Messmate and transmit the other to your new colleague?

We are looking with anxiety to the issue of the Texas resolution in the
Senate. The papers speak with doubt (rf its fate th^e, which ^«ites my

surprize."

Feom Daotel Websthe iw Washingtox, Maech 13, 184S.

" My dear Sir,

The Whig members of the Senate have had a meeting, to-day, & have
agreed, unanimously, that it is highly important that you should be here,
by Sunday Evening. We are all very unwilling to disturb your retirement,
at ^the present moment, and undar your so recent affliction. But public
considerations of interest and magnitude, induce us, most recpectfully, but
urgently to ask your presence, by the twma above mentioned." (Mrs.
Pearce had reeeatly died.)

JAMES AlFEED PEAKCE.

179

protector. Letters show the friendship felt for Pearce by men
of such different mental characteristics as Sam Houston of
Texas, J. M. Root of Sanduslsy, Ohio, and Robert C. Winthrop
of 'Massachusetts.^®

His son. Judge Pearce, recently wrote : " Among my father's
most intimate associates in the Senate were John M. Clayton
of Ddaware, George E. Badger of North Carolina, John J.
Crittenden of Kentucky, and J. McPherson Berrien of Georgia,
and from IN'orthem States; Thos. Corwin of Ohio, Jacob
CoUamer and Justin S. Morrill of Vermont, and Wm. P.
Fessenden of Maine.*"

" I believe he was more warmly attached to Senators Badger
and Corwin than any others, in whom he thought there was a
rare combination of ability, personal worth, and public virtue.
I have often heard him speak of them in the highest terms and
I have seen the latter at my father's house and was old enough
to recognize him as a great man."

" He held Mr. Collamer in high esteem as a public man, as
he also did Mr. Morrill and I have heard him frequently speak
of Mr. Fessenden's great ability and high courage in the dis-
charge of any positive duty."

His relations with Jefferson Davis are shown by the latter's
letter to him from Palmyra, on Aug. 22, 1852.

" Among the most pleasing reminiscences of my connection
with the Senate I place my association with you, and first
among the conaolations for the train of eveats which led to my
separation from the body, I number your very kind letter.
When it was received I was unable on account of opthalmic
disease to write and delayed answering until I could dispense
with an amannensie, why I dd«7@d longer I cannot satisfac-

" Edward Everett recommended R. Livin^ton for appointment as archi-
vist on Dec. B, 1SS7, and signed kinMdf "your ancient colleague and

friend."

Thomas H. Benton on Dec. 13, 1847 recommended the retentim of
Mr. Corbin, " an old friend," as clerk of a committee.

'° J. Y. Mason wrote Pearce from Kichmond on July 7, 1852, thanking
him for " hie free and manly letter " and expressing hia pleasure that he
had not lost Pearce's " esteem and friendship."

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MABYULHD HISTOBICAI, MAGAZINE.

torily say, but with entire certainty I can say it was not because
I did not feel the friendship, the delicacy, and the generosity
which detailed your letter, it was not because I did not desire
to hear from you often and to be kindly remembered by you.
If I know myself you do me justice in supposing that my efforts
in the Session of 1850 were directed to the maintenance of our
constitutional rights as manbers of the Union, and that I did
not sympathize with those who desired the dissolution of the
Union. After my return to 2Iissi. in 1851 1 took ground against
the policy of secession, and drew the resolution, adopted by the
democratic state rights convention of June 1851, which declared
that secession was the last alternative, the final remedy, and
should not be resorted to under existing circumstances. I
thought the State should solemnly set the seal of her disappro-
bation on some of the measures of ' the compromise.'

" When a member of the U. S. Senate I opposed them because
I thought them wrong and of dangerous tendency, and also
because the people in every form, and the Legislature by reso-
lutions of imBtmctions required me to oppose thera. But indis-
creet men went too fast and too far, the public became alarmed,
and the reaction corresponded with the action, extreme in both
instances. The most curious and suggestive feature in the
case is the fact that those who were originally foremost in the
movement were the beneficiaries of the reaction. Having by
their extreme course created apprehension, they cried most
lustily that the Union, was in danger, and saved by their exer-
tion the offices of the State, and some of the federal government.

" I read sometime since your reply to Gwinn as published
in the Union and if it had been published in pamphlet form
would be glad to have a copy. We who know Mr. G. can
realize as a joke his arraignment of any one for extravagaait
expenditures and misapplication of public funds.

" I thank you for the hope you express for my speedy return
to the Senate ; I believe that the people of the State if another
election occurs before the choice of a Senator will so decree,
but the present legislature has been called to meet in extra-

JAMES ALT'EED PEAKCE.

181

ordinary Session and the numbers having been elected under
extraordinary eireumstanees no calculation as to their course
on this subject can be made by ordinary rules.

" I believe that Emory will lose no reputation by his triumph
over the favoritism of the Top: Eng. bureau, but the Govt,
cannot novi' gain all which his knowledge of the particular
subject would hare eeeared to us if he had be«i continued in
tke position of aj^ronomer. I am as ever traly your friend."

With Trumbull of Illinois, he had one difficulty, when the
Indian appropriation bill was under discussion, on June 15,
1860. Trumbull charged Pearce with attempting to shelter
himself behind parliamentary law. Pearce denied the charge
wil^ asp^ity and expressed his " astonishment that, at this
stage of the Session, and at this hour of the night, the Senator
should deliver a lecture which is a sort of arraignment of our
law of parliamentary proceeding."

Twice during the Whig administration of President Fillmore
was Pearce tempted to leave the Senate. Pearce was then at
the height of his reputation and was even suggested as a pos-
sible future Presidential candidate by some of his friends.
When Taylor first assumed office in 1849, Pearce was dis-
satisfied with the members of the cabinet selected by the new
President, and wrote upon the subject to his friend Crittenden,'^
who replied from FrankfOTt on July 23, 1849.

" I received yesterday your letter of the 14th. inst : and
read it with mingled feeling of pleas«re and regret — pleasure,
at such an evidence of your kind rmi^l»rance of me, and
regret, to find that you had such cause, or any cause, for dis-
satisfaction with the present Cabinet. Under the circumstances
i^ated your feelings of resmtment wwe natural and just, but

" So John Johnson, wrote Pearce from Annapolis on Aug. 31, 1850,
hoping that he would accept the Department of the Interior if tendered
him and that he understood that Fillmore wished to fill it from a slave
State.

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MAEYLAND HISTORICAL MAGAZINE.

I hope they admit of some explanation and atonement that
may be satisfactory to you — Their offence to such a man as
you cannot have been intentional, but must have proceeded, I
should think, from inadvertence or misunderstanding, the more
supposeable from the hurry and confusion of the first days of
a new administration. I will hope that all will yet be explained
and reconciled, as ought to be, to your satisfaction.

" I have now before me a letter ■\\'!hich I have just written to
Mr. 'Clayton in behalf of your friend Mr. Charles H. Constable,
and I do sincerely hope he may obtain the appointment he
solicits.

"I am quite certain that Clayton is your friend and entertains
for you the highest regard, — ^and I have thought it proper to
communicate in strict confidence, to him, the substance of so
much of your letter as states your cause of complaint against
the Cabinet — 'My motive in so doing was to afford him, the
opportunity of effecting, so far as he could, all proper explana-
tions, atonements, and reconciliations — have done this on my
own responsibility, and I trust that you will not disapprove it.

" I fear, Sir, that from the great press for office, I can be of
but little service to your friend Constable, but I wish you to
be assured that it will always gite me a real satisfaction to
oblige you or to serve any friend of yours and I hope you will
allow me to subscribe myself, in great sincerity, and with high
respect, your Frieoid,"

Fillmore belonged to the same section of the Whig party as
Pearce and, in 1850, the President offered Pearce the Judge-
ship of the United States District Court for Maryland.
Pearce would have made a good judge, but he was wise to
retain his senatorial seat. Fillmore then tried to bring him
into the Cabinet, as Secretary of the Interior, and even issued
him a commission for that office, but Pearce was again wise
in avoiding an administrative post and continuing the legis-
lative life, in which he served the Xation so well.'^

" When news of the proposal that Pearce take the Department of the

JAMES AXSKED PEAECE.

183

Pearce's old friend and neigtbor, E. F. Ctambers,'^ wrote
him from Chestertown, on July 2, on hearing of this latter
appointment, and his letter is of considerable importance be-
cause of its careful survey of the situation.^*

" On my return from Centreville last evening I found yours
of the 20th. inst: announcing your final purpose in reference
to the appointment oifered under circumstances S'O flattering to
yourself and so gratifying to your friends.

"Your acceptance would doubtless have been well received
by those who might hope to be benefited by an appeal to your
personal kindness, in the way of prrferment, but as far as I
have heard an expression of sentiment your best friends concxir
in the opinion that it would have been disastrous to your
pecuniary and professional prospects, and certainly not by any
means a safe means of advancing your political prospects. . . .

" It may savor of presumption to talk of accepting or de-
clining a post which may never be tendered.

Interior reached Severn Teackle Wallis he wrote from Baltimore in Jaly,

1850:

" From the confidence with which your appointment and confirmation as
Secretary of the Interior are spoken of, I take it for granted that there
is no Bustake in the public impression an the subject. I can hardly say
that I congratulate you, because I should consider such a position as yours,
in the Senate, the more enviable station. Nevertheless, as things go and
other men think, it is an accession of honors, to which I hope you will
permit me to bid you hearty welccane. That you may wear them as
worthily as you have earned them, is the best wish that anyone could
tender you, and I can only add my hope, that it will be with less of
personal sacrifice, than such honors sometimee bring to these who deserve
them best."

"E. F. Chambers (1788-1867) was Chief Judge of the Second Dis-
trict of Maryland from 1834 to 1851 and declined the office of Secretary
of the Navy in 1852, on account of ill health.

" On the other hand, Z. Collins Lee wrote from Baltimore on July 20,
sending congratulations on the appointment from Charles F. Mayer,
William Schley and himself and adding, " as an old but junior schoolmate,
I have watched your career in public life and it personally affords me
high gratification to witness the firmness, truth, and ability, whidi has
distinguished it in the enase of sound eoiw»^aiiive Wh^ priwaplw tmd
measures."

184

MARYLAND HISTORICAL MAGAZINE.

" I have no political aspirations. At my time of life it is
necessary to regard any such position solely in reference to
its immediate advantage — irrespective of its influence in lead-
ing to or diverting from the path to further and other stations.
This was not your case — ^It is proper for you to look beyond
any position which is to be occupied but for a brief period to
the great field beyond.

" In my opinion it would have thrown you out of the track
on which you are now traveling into one on which you could
not as rapidly or successfully travel. But to my own connexion
with the office. 1st. my long afcsence from the world and
business of politics has put me " behind the pole " as the
sportsmen say, and increases the force of the 2. objection —
want of capability to be useful to the Country or to discharge
the duty in a way to satisfy myself.

" 3. The abandonment of my quiet home and occupation for
scenes of bustle and excitement which might overtask my phys-
ical energies and certainly would lacerate my moral facultires
and feelings.

" 4. A thousand nameless but inevitable discomforts conse-
quent upon a change of residence — a change of occupation — of
society — of amusements and recreation — in short a new com-
mencement of life at 62 years of age.

" As to the abandonment of my seat on the Bench you mis-
take by supposing it would cost me a struggle. It is extremely
laborious — of very small profit — ^keeps me very much from
home and is likely to become the subject of reform and probably
so arranged to make me unwilling in any event to continue to
hold it.

" The only judicial chair I would give a shilling to occupy
is that of Circuit Judge for Md. and Dela. as Judge Duval
held it. The S. O. will probably escape the distinctive sweep
which is leveUing all the valuable institutions of the States.

" I have enumerated some of the serious objections, what
advantages counterbalance them? I have yet to learn them —

JAMES ALFRED PEAKCB.

185

The kind and partial feelings of Grov. Pratt and yourself you
may well suppose have gratified me exceedingly."

Pearce's interest in the decorum of the Senate appeared on
Dec. 20, 184^, whem he voted against admitting to the floor
Father Theobald Matthew, the advocate of total abstinence,
though he held Matthew's exertions in the cause of temperance
in the highest respect. He felt the precedent was dangerous
and, if followed, " the Senate will soon become a sort of court
to give certificates of merit and good behaviour." Later, in
the same Session, on Feb. 14, 1850,'^ Pearce objected to the
admission of ladies to the floor, as the Senate was not a " court
of love and beauty " and " the transaction of weighty matters "
might be " checked and obstructed " by suspending the rules.
Clay said, " Oh ! give way," and Pearce yielded.'*

He approved the " liberal and courteous " practice of the
Senate, having seen freedom of debate trampled on in the
House and that deliberation refused which was absolutely nec-
essary to the understanding of a question. " It is only by
allowing free offering of amendments and their free and full
discussion that the rights of the minority can be sustained."
This right might, in truth, be abused, but that is a trifling
inconvenience compared with the much more serious incon-,
venience that may arise from delaying that freedom of dis-
cussion.'^

He objected to an investigation of payments to Generals
'" St. Valentine's Day, by the vray.

^ The same care for the decorum and. property of the Senate was shown
on Jan. 9, 1850, when he objected to withdrawal of papers, as such action
would arouse suspicion in that the papers might come back changed. On.
March 20, 1S38 he objected to the presence of ladies on. the floor of the
Senate during the Kansas debate. When endeavoring to restrict access to
the floor of the Senate on Jan. 10, 1859, he said he would insert the name
of the President amongst those permitted to come thither, not because he
was likely to come, but because he should have the right. "He came
formerly and, possibly, may do so again."

" June 24, 1852.

*Ai:^. 14, 1«52.

186

MAEYLAND HISTOEICiLL MAGAZINE.

Winfield Scott and Franklin Pierce, when thej were both can-
didates for the Presidency, as tending to diminish respect for
the Senate, and as benefitting the character of neither gentl«ian.
He was averse to overgorging a "vitiated public appetite,
already fed to satiety upon political detraction."

On Feb. 26, 1865, he moved to adjourn, since " it is late,
the Senate is inattentive and weary and ... we had better
husband our strength for some of the inevitable exhaustion
and fatigues of the latter days of the Session," which would
end on March 4r.

His zeal for the rights of the Senate led him to say, on
March 3, 1859, that he never would have consented to any
bill which contained an abandonment of the constitutional
rights of the Senate. He would sooner strike out of existence
the Post Office Department. The Senate had constitutional
authority to increase the rates of postage ; but, as it was neces-
sary to agree with the House of Representatives, have an extra
session, or close the Post Office after July 1, he signed a con-
ference committee compromise report on a proposed bill.

He considered that it was inconvenient to waste time and
that there was no reason why the Senate should not pass bills
before the House organized.*®

In his zeal for the privileges of Congress, he maintained that
a witness must answer questions of either House, or its Com-
mittee, or should be put in jail, until he either testifies, or
has been indicted and has given bail.

He was no bitter nor incessant critic of the administration,
when he differed from it in politics.*" Indeed (on July 25,
1854) he favored an appropriation to pay the President's
Secretary, and to bind docummts, in the executive offices.

"Jan. 18, ISOO. On Jan. 31, he stated that he objected to escusing
Senator Grimes of Iowa from the committee on Private Laaddaims, upon

the ground that he knew no French or Spanish.

" On April 9 and 15, 1850, he criticised the expense of the Census and
the efficiency of the Postal Department. On March 3, 1850, he favored a
mail subsidy to the Collins line of steam^ps.

JAMES ALBIUED PEABCE.

187

The President had formerly taken away papers at the close
of his term, because there was no file for them. Enough rich
lace curtains had been carried away from the White House to
make a dress. There should be some one charged with the
care of plate and furniture there, the President should have
messengers, and Polk was correct in regarding it highly im-
portant that Congress should organize something like an Execu-
tive Office for the preservation of presidential papers.

A good illustration of Pearce's fairness was shown when
a proposal was made to permit railroad iron to be imported.
He felt that to give the privil^e to any one railroad would be
unjust, but he made no objection to grant it to all railroads.
" The laws should be equal, while they are liberal. They should
apply to one as well as to another." ■Consequently, he was
inclined to act liberally where a failure to fulfil a contract was
not the fault of the contractor.*^

In his zeal for the public good he did not hesitate to resort
to filibustering tactics toward the end of AeSessirai of 1850-51,
when he killed the Eiver and Harbor bill and one for the relief
of Thomas Eitchie, the printer, in order that appropriation
bills might pass.**

He successfully opposed the grant of constructive mileage
to any Senators, except new members, at the beginning of
special sessions,** so as to set the Senate "free from the re-
motest suspicion of anything that can throw a stain upon its
reputation." *°

He entertained no doubt *' of the right of the Senate at

" February 20, 1851.

-"Jan. 29, 1851. See also Feb. 17 and 21, 1855.

" March 1, 3, 4, 1851. On March 11, at the extra Session, he spoke on
the importance of having the printing done wt the rates of the previous
contract.

" Clay approved his action, Feb. 28, 18-51.

"As late as Feb. 6, 1862, he discussed the mileage question, favoring
some contribution to distant members and pointing out that the old law
which was in force until 1856 endeavored to providel compensation for
actual travel.

"March 5, 1»51.
4

188 MAEYLAND HISTOEICAL MAGAZINE.

Special Sessions, to transact any business, which did not require
the co-operation of the House of Eepresentatives.

He was willing to give up the franking privilege, which
was productive of much more labor than benefit to him. He
did not send out one-tenth of the documents received and could
not do so, unless he " became clerk and gave up the study of
the great measures before the country." He gave these docu-
ments " away by the cart load to inatitutions, who make better
use of them than I can." He favored no sudden change, nor
quarrel with the House over the matter, but rather a study of
the situation at the next session.

Pearce was considerably interested in public buildings and
had considerable knowledge of building.** He advocated com-
pletion of the patent building and defended the maintenance
of the greenhouse, actii^ as chairman of the Committee thereon
for many years.*®

On Aug. 14, 1856, he made an earnest plea against with-
drawing the superintendence of buildings from military officers.
He heard complaints that the Capitol was built too solidly!
which he, indignantly, said was impossible. Such a building
should " not only be solid, but magnificent, so that it should,
in every respect, correspond with the greatness of the Nation,
with the liberality of the people, and with the wealth of the
people. There is no nation on the face of the earth, if you
consider the diffusion of wealth among them, to be compared
with our own," Pearce proudly said, " not one that is so
prosperous, and, individually, comfortable and thrifty as the
people of this country. . . . Our revenues are yielded out of

"June 14, 1858.

"See his speech of April 12, 1850, wherein with minute accuracy, he
referred to blue freestone as " argillaceous and ferruginous sandstone."

"On April 15, 1850, when Dickinson of New York attacked an appro-
priation for removing the greenhouse, Pearce asked whether Dickinson
would pull up the flower beds around the capital. He frequently, as in
1856, spoke in favor of supporting the greenhouse. Thos. Ewing, when
Secretary of the Interior, wrote him coficerniBg the building of ttie winga
of the patent office.

JAMES ALEEED PEABCE.

189

the superabundance of the millions " and seem " to pour spon-
taneously, into the coffers of Crovemment, so easily is " the
money " collected and so little does any one feel his contri-
butions."

Civilians, who had formerly superintended the work and
had lost their positions, fomented opposition to the army officers.
Pearee warmly defended Captain Meigs, the ofBcer in charge
of the building of the Capitol. " Economy," Pearce added,
" consists in using the proper materials adapted to the desired
end, and paying only the fair and reasonable compensation for
them." The expenditure for statuary was justified, since
" this was intended to be a great building " and the statues
were part of the grand design. Crawford's statues in the
pediment are of " most exquisitely beautiful style " and were
not expensive. The doors might have been made of sted, it is
true, " or mahogany, at a trifling cost, by niggardly economy " ;
but Crawford's bronze doors " perpetuating [Revolutionary
scenes, which no American ought to have obliterated from his
memory," may be compared with the famous ones of the
Madeline at Paris, and with those at Munich and Florence.
He quoted Ferguson on Architecture, as to the distinction be-
tween the business of an architect, which is ornament, and that
upon engineer, which is "construction, solidity, adaptation,
and proper economy in management." A strong defense was
made of the construction of the Chambers of Congress without
windows, but with light from above and " ventilation on scien-
tific principles," like those used in the houses of Parliament.
He believed that their acoustics will be a triumph.®" Hale of
New Hampshire, said that we "should take the free air of
Heaven, as God had given us it," and Pearce retorted that

" Hale interrupted him and Pearce replied that Hale favored preparation
of the Nautical Almanac in a public establishment. We manufacture our
arms. There was no foundry in the United States for cannon, except the
experimental one of Lt. Dahlgren in the Washington Navy Yard. Hale
had held that we ought not to build ships in the Navy Yards, but to give
them to private contmctors, vrMok idm m mivtriken, as ttye Best few
months would show.

190

MAETLAND HISTOEICAL MAGAZINE.

then " we must take it, not in a house built with hands, but in
that only house which he has furnished, the surface of the
broad earth, with its carpet of green and canopy of blue and
glittering of stars." Heaven " decrees the cold rigors of winter.
Would the Senator have us sit here without furnaces, or fire-
places, to dispel those rigors, because nature ordains them?
Does Providence make the windows any more than the walls."

The original Capitol had been constructed of unsightly sand-
stone, and finished with plain plaster and whitewash. Was it
extravagant, Pearce asked, to spend five million dollars on the
Bew building, when labor is higher, there is more ornament
used, and the size is doubled? Captain Meigs' salary was
$1,800, a civilian would receive $10,000. Meigs will have
fame for sacrificing the best years of his " life in the hardest
work ever performed under thi« government for a messenger's
pay," since " he is one of those superior minds to whom glory
is its own reward, who scorn all meaner views."

(To he m^titmed)

" Pearce was interested in the purchase of a building for the storage
of the government archives. He wished that a^ building be purchased
located at the corner of F and 17th St. N. W., already partly rented for
the Federal offices, Feb. 22 and March 2, 1849, and urged that $200,000
be appropriated for that pHrpoee. (See AHg. 2<, 18S2 iuid ^tr^ 1, IM.)

THE LIFE OF THOMAS JOHNSON.

191

THE LIFE OF THOMAS JOHNSON
Edwaed S. Delaplaine
Past Tenth

CHAPTER XVI

In the Maryland Constitutional Convention

The provisional regime, founded in 1775 under the guidance
of Congressman Thomas Johnson, had been very successful.
For nearly a year it had served its purpose vrell. It had as-
sumed all the legislative, executive and judicial functions of
the province and had been administered with eminent justice.
But, as every one knew, its machinery had been hastily impro-
vised. And the time had now arrived when the Almighty
ordained that Maryland should forge a Declaration of Rights
and a State Constitution in the sacred fires of the American
Revolution.

Accordingly, in the Maryland Declaration of Independence,
adopted on the 6th of 'July, 1776, is to be found the following

statement :

" We have also thought proper to call a new Convention,
for the purpose of establishing a Government in this
Colony."

Eamiliar with every sentence of the celebrated paper pro-
claiming Maryland's independence, Del^ate Johnson was un-
questionably aware of the plan " of establishing a ■Government
in this Colony." Tet, while other leaders were marking time
in those torrid days of late July, awaiting the momentous
gathering, Johnson, as we have just seen, was taking advantage
of the interim on the Maryland frontier, training and equip-
ping the Flying Casmp. Firm was he in the opinion that as
the Royal troops were daily advancing in more formidable
numbers, it was his duty — notwithstanding the official order

192

MAETLAHD HISTOEICAL MAGAZINB.

relieving liim of his command — to furnish General Washington
additional troops with all possible expedition, regardless of any
sacrifice to his civil obligations.

Nevertheless, it was, without question, a public duty of no
little importance to send to the approaching Convention the
ablest and most farsighted mm in all the 'Colony. Eor, upon
the result of their labors depended, to a large degree, the future
welfare of the State. And, indeed, the people of Maryland
realized this grave necessity. Behold, for instance, a few of
the more notable nominees in Anne Arundel County — the
stormy Samuel Chase ! The erudite "William Paca ! The
wealthy iQharles Carroll of CarroUton! The gallant Thomas
Johnson ! What a brilliant array of candidates !

The election began on August 1, IIIQ. ISiow, elections (in
those days as well as in more recent years) oftentimes produce
unexpected results. This particular election was unusually
surprising. Within twenty-four hours after the polls had
opened, it became evident that several of the outstanding patriot
leaders — ^men who had generally been able to command any
office in the gift of the people, for the asking — ^would be de-
feated ! The people in other sections of Maryland were amazed.
They could scarcely believe it possible for anyone in Anne
Arundel County to secure the preferment over such brilliant
and popular statesmen as Paca, Carroll of CarroUton and
Johnson.

Yet such was the fact. On the 2nd of August, the Council
of Safety rushed off to the Maryland representatives at Phila-
delphia this burning message: "Yesterday our election for
this County (Anne Arundel) began and is not yet ended. We
are sorry to inform you that Mess^^ Johnson & Paca and
Carroll of Car" from present appearances will not he elected."
Mr. Chase, it seemed, would receive sufficient votes ; but Kezin
Hammond, Price Thomas Beale Worthington and Charles Car-
roll, barrister, were likewise " greatly beyond any others on

" Xdl Maryland Archives, 163.

THE LIFE OV THOMAS JOHNSON.

193

the Poll " — and Anne Anindel was entitled to only four seats
in fte Maryland Convention. The OouncU of Safety added that
very few people from Elkridge or the lower part of the County
had " as yet attended." There was not the slightest indication,
however, liat the result of the election would be different from
the forecast. The early prediction of the Council of Safety
was correct. Rezin Hammond, B. T. B. Worthington and
Barrister Carroll were elected, together with Mr. Chase, to
represent Amie Arundel County in the Maryland Constitutional
Convention.

The defeat of Thomas Johnson at this crucial period, it is
quite certain, gave him little concern. Indeed, according to
one rather generally accepted tradition, he was unwilling to
occupy a seat when bound, as he knew he would be, by the
instructions adopted by the voters of Anne Arundel County.
And in the writings of Gen. Bradley T. Johnson, of the Con-
federate Army, the defeat of Thomas Johnson on this occasion
is ascribed to his " refusal to yield to some popular notion."
However this may be, it is certain that on the eve of the election,
the first brigadier-general was devoting his time and his ener-
gies, as well as a considerable amount of his money, to his little
army — and paying no attention to his personal ambition.

Yet, whUe it is probable that Mr. Johnson himself did not
grieve over the result of the poll, his defeat was the cause of
profound regret in all sections of the Colony. " I am sorry,"
were the words of 'Charles Grahame of Lower Marlborough,
typical of the attitude of the people, " to hear that Mr. Johnson
is dropped by Anne Arundel County. It would have given me
pleasure to have served with him and as I have heard nothing
of the City (Annapolis) Election am stiU in hopes of his being
elected for that."

The city of Annapolis and the town of Baltimore were en-
titled to send delegates to the Maryland Convention, the same
as the various counties and districts. Accordingly, all eyes now

"* XII Manjlani Arekwts, 186.

I

194

KA«TUKB SISTOKICAI. MAGAZmE.

turned — as Mr, Grahame suggested — ^to Annapolis, to see if
Paca, Carroll of OarroUton, and, especially, Joknson would be
elected to represent tlie municipality. But so far as Johnson's
election was concerned, they were disappointed. "We shall
say nothing particular ahout l3ie electioDs," wrote the Council
of Safety under date of August 9, to the Maryland Deputies,
" more than what relates to yourselves. S. Chase is in for
Ann^ (Anne Arundel), W. P. (William Paca) & CarroUton
Carroll for Annapolis. T. J. (Thomas Johason) & T. Stone
are left out."

So, when the historic Constitutional Convention of 1776
opened at Annapolis on the fourteenth of August, and after
that stanch old veteran, Hon. Matthew Tilghman of Talbot.
County, was elected to the Chair, the older delegates instinc-
tively looked to find the dark, piercing eyes, the sharply chiseled
nose, the firm, well-formed mouth, the auburn, silken hair, and
the genial smile, so long familiar in the hall of the Convention.

It was not long, however, before a way was opened for John-
son to enter the door of the Convention. The first step in this
direction was a resolution adopted on Friday afternoon, August
16, declaring that any member of the House who accepted a
commission in the Flying Camp would automatically vacate his
seat. Then came the election of Delegate William Richardson,
of Caroline County, as Colonel of fte Eastern Store Battalion
of the Flying Camp. This was followed on Saturday morning
by an order " that a delegate be elected for Caroline County in
the room of Mr. William Kichardson, whose seat is vacated by
his acceptance of a Colonel's Commission in the Flying Camp."
There has always been a tradition in Maryland that Colonel
Richardson conveyed a tract of land in 'Caroline County, con-
taining about 300 acres, to Thomas Johnson for the purpose
of making the eminent Western Maryland statesman eligible for
the vacant Eastern Shore seat. Did Mr. Johnson accept such a
deed ? How long, if at all, did he have possession of the prop-

"XII Maryland Archveet, WV.

THE LIFE OF THOMAS JOHlTSOir.

195

erty? These are questions that have never been satisfactorily
answered. Suffice it to say, the news that he would, after all,
become a member of the Constitutional Convention immediately
spread like wild-fire to all sections of the Colony. Within one
week after Delegate Richardson automatically removed himself
from the Oonvention by his acc^ance of the Colonelcy, it
became common gossip that " Tom " Johnson would secure
virtually the unanimous support of Caroline County for the
vacant seat. One of the evidences of this certainty is a letter
written at that time by Joseph Nieholaon, Jr., one of the Eastem
Shore members of the Council of Safety, to Daniel of St.
Thomas Jenifer. Writing from Queen Anne's County, August
23, Mr. IsTicholson said: "I shall do my self the pleasure of
waiting upon the Council next week, as soon as Mr. Johnson
is elected for Caroline, which will undoubtedly be the case
without opposition. I speak this from assurances made me by
every man of interest and note in the County, every one of
whom I have had personal interviews with." ®^

The special election in Caroline County was held on August
26th, and on Friday afternoon, August 30th — exactly two
weeks,, to the day, after William Bidiardeon gave up his seat —
the Committee of Elections reported that " Thomas J ohnson,
esqr., is duly elected a delegate for Caroline county." Then
appears, in the Proceedings, the following brief, but significant,
statement: "Mr. Je^mson appmred mtd te^k hi^ seat in the
House."

Delegate Johnson had come to the Constitational Conven-
tion by an unusual route. And although the committee had
already been appointed "to prepare a declaration and charter
of rights, and a plan of government agreeable to such rights
as will best maintain peace and good order, and most effectually
secure happiness and liberty to the people of this state," an
opening was made, as if by the hand of Providence, for Mr.
Johnson to become a member of this committee. Soon after

XTI Mm-gland Archives, 234.

196

MAKYLAND HISTOEICAL MAGAZINE.

the Convention opened, President TilgLman, Samuel Chase,
William Paca, Charles Carroll of Carrollton, Charles Carroll,
barrister, George Plater and Eohert Goldsborough had been
elected for the important task. But three days prior to Mr.
Johnson's arrival, came a stirring development. Three mem-
bers of the Convention — iSamuel Chase, Carroll, barrister, and
Worthington, all representii^ Anne Arundel County — resigned,
declaring they had received " instructions from their constitu-
ents, enjoining them, in f raoiing of a government for this state,
implicitly to adhere to points in their opinion incompatible
with good government and the public peace and happiness."
Mr. Johnson had just taken his seat -when the Convention
proceeded to fill two places on the committee made vacant by
the resignation of Samuel diase and Carroll, barrister. Mr.
Robert T. Hooe was one of the men chosen on the committee.
Mr. Johnson was the other.

While the work of drafting the organic law of the State re-
quired diligent application, the members of the committee
meanwhile continued to take part in the proceedings on the
floor of the House. Mr. Johnson, for example, offered a plan
to empower the Council of Safety " to purdiase and store
30,000 bushels of salt in such of the islands in the West Indies
as they may think proper and by proper opportunities to
import the same into this state, to be sold out on the public
account." His proposal was adopted by the Convention on the
last day of August.

On the 6th of September, a plan was presented to divide
Frederick County into three dijfiferent parts. Carroll of Car-
rollton, Eobert Ooldsborough and Eobert T. Hooe were among
those who favored postponement of the question, but others,
including Johnson and Paca, were in favor of immediate
action. When the question came to a vote, it was decided to
act at once. It was thereupon r^olved that after the first of
October, 177 6, all of Frederick County west of South Mountain
should be erected into a new County to be known as Wash-
ington; the territory extmding from the mouUi of Eock Greek

THE LIFE OF THOMAS JOHNSON.

197

to tlie moutli of tlie Monocacy River to be known as Mont-
gomery; and tlie remaining, or central, portion to continue
under the name of Frederick.

The 7tli of September marked tbe beginning of an attempt
to authorize Thomas Stone to represent Maryland in the Con-
tinental Congress. Evidently intending to forestall any such
action, Mr. William Fitzhugh of Calvert County moved that no
person should be eligible for Congress except a member of the
Convention. Mr. Titzhugh warned the House that to depart
from this custom might " introduce and intrude on this com-
munity men unworthy of confidence into the most important and
highest trusts, dangerous to the safety and welfare of America,
especially at this critical conjuncture." When the previous
question was called, the majority — including Johnson, Golds-
borough, Hooe, Paca and Carroll of Carrollton — voted against
it; and Mr. Fitzhugh's proposition was placed upon the shelf.
A motion was thereupon offered by Mr. Paca that Mr. Stone be
ranpowered " to represent this state in congress, in as full and
ample manner as the delegates heretofore appointed might or
could do, until the said delegates or any two or more of them
shall attend, or this convention make further order therein."
The motion was supported by Johnson, GoldsA)orough and Car-
roll. However, the anti-Stone men won by a margin of 31 to
27, and for the time being, the appointment was prevented;
but, as we diall see, Mr. Stone's friesids succeeded a few days
later in securing his appointment.

Before adjourning for the Week, Mr. Johnson directed the
attention of the House to the necessity of curbing the activities
of non-associators. He moved the passage of a resolution au-
thorizing the appointment of a committee to prepare and report
resolutions "to prevent non-associators from endangering the
peace of this state." The Convention adopted his plan and
selected five men to study the situation. Mr. Johnson was
placed at the head of the committee.

On Tuesday, September 10th, after various matters of rou-
tine busine^ were tranaacted, the Committee chosen to draft

198

MAKTLAND HISTOEICAL MAGAZINE.

the Constitution and Declaration of Eights made its report to
tlie House. The proposed Form of Government for the State
was read, and in order that it could be iJioroughly digested,
was ordered to lie on the tahle. On the foUofvving morning,
this question was raised: Should lie draft be considered im-
mediately or should it he deferred? Most of the leaders,
among them Mr. Johnson, were in favor of deferring action
" till Monday fortnight " — i. e., until September 30th. Thir-
teen members voted for immediate action, but the majority felt
that adjournment for a few weds would present an oppor-
tunity to ascertain the sentiment of the people.

On September 11, it was moved " That the deputies ap-
pointed to congress, and now attending this convention, or any
three of them, immediately repair to congress, and in conjunc-
tion with Thomas Stone, esq., represent this state in such
manner as is prescribed by the nomination and appointment
heretofore made." Mr. Fitzhugh and a handful of others voted
against the previous question ; but the overwhelming majority —
including Johnson, Carroll of Carrollton, Paca and Samuel
Chase, who being members of Congress were directly affected
by the motion — cast their votes for the motion and it was
accordingly resolved in the affirmative. It is necessary at this
juncture to explain that Mr. Chase, who had resigned from
the Convention, was reelected by his constituents ; Brice T. B.
Worthington was also sent l^ck to the Convention; but the
seat of Carroll, barrister, was filled by John Hall.

Johnson, Chase and Paca bade adieu to the members of the
Convention on September 12th and, soon after, were on their
way to Philadelphia. Mr. Carroll of Carrollton, it appears,
remained in Annapolis until the adjotimment of the Con-
vention on September lYth.

******

At the Head of Elk, Johnson stopped for a brief visit at the
home of Lt.-Col. Henry HoUingsworth. This is inferred from
a letter, written September 28, in which ihe lieutenant-eoloaiel.

THE LIFE OF THOMAS JOHNSON.

199

after assuring tlie Council of Safety that he had begun forging
barrels "in earnest" (at the rate of one per day), promised
that he would send to Annapolis several samples of muskets
for inspection — " if locks could be had which Mr. Thomas
Johnson informed me he thought might at Frederick."

On arriving in Philadelphia, Mr. Johnson commenced a
search for military supplies. His efforts were soon rewarded.
Through the co-operation of Congressmen Willing and Morris,
he succeeded in' securing seventy-four casks of 'gunpowder. He
ordered this supply to be shipped at once to Lt.■^Col. HoUings-
worth, with the request that he, in turn, forward it to its desti-
nation. The bill of lading for the shipment of powder to
Philadelphia stipulated one-half the customary freight charge ;
but the owner of the vessel allied an agreement with the ship-
pers that the regular freight would be paid. Mr. Johnson
demurred. In sending the bill of lading to Annapolis, he ex-
hibits an insight into his character. At no time was he
too busy to attend to the minutest details; he was exact and
careful in all his dealings ; he always kept in mind that he wis
a servant of the people and that he had to give strict account-
ability for his aetions. Asking the CouMcil of Safety if they
had heard anything of the full rate, contrary to the terms of
the bill of lading, Mr. Johnson took occasion to emphasize that
the communication received from the shippers by Delegates
Willing and Morris menti«ed " nothii^ of the kind." ^'^ The
reply from Annapolis gave Johnson little satisfaction. It re-
quested him to pay whatever he thought was right.

During these stirring days, a nasty dispute arose between
Captain Thomas Watkins and his men. The captain was ex-
tremely unpopular with his company and his soldiers were
leaving him. Appearing before the Maryland members of
Congress, he declared the discontrait of his mem was due to
the lack of clothing and blankets. Johnacm, Paea, Chase and

™ XII Maryland Archives, 308.
" XII Mmrylmd Archives, 291.

200

MAEYLAND HISTORICAL MAGAZINE.

Stone listened patiently to the tale of woe ; and finally ordered
Captain Watkins to repair to Annapolis to lay Ms troubles
before the Oouncil of Safety. On the 20th of September, the
four representatives sent a joint communication to the Council,
giving their version of the dispute. They explained that the
Captain had only thirty-seven effective privates left in Phila-
delphia, and added, rather facetiously, that " indeed several
of that number appear to us not really effective."

After telling of the scarcity of clothing in Philadelphia, the
four ■Congressmen continued : " Lieut. Long goes to Worcester
to endeavour to get the Deserters to return to their Duty under
an Assurance which we liave presumed to give that on their
immediate return the past shall be forgiven. Capt. Watkins
and his men we are sorry to inform you are on very ill terms,
the Capt has beat some of thtm, he says he had great cause.
They say he had none. Some of the men have said nothing
shall induce them to continue in the company under -Osipt
Watkins. We shall endeavour to keep the Remnant of the
Company together under the care of the third Lieu* until your
Orders can interpose, for though an Inquiry seems to us to be
necessary it cannot be had here; if the Independ* companies
should be regimented or even if the soldiers cloaths can be got,
perhaps order may be restored in the company." The Con-
gressmen, however, warned that Mr. Paca had heard Captain
Watkins " is addicted to Drink and his appearance at several
times we have seen him bespeaks it."

Replying to the Representatives, the Coimcil of Safety de-
clared that Captain Watkins, before his departure from Mary-
land, had received £1,000 currency for pay and subsistence and
that he had been furnished everything possible. " And to
say the truth," said the Council, "we firmly believe that he
renders himself incapable of taking proper care of his Company
by drinking to excess. . . . His removal perhaps would be the
best method of promoting the publick service."

Watkins was given abundant opportunity to make good.

" Xttl Maryland Archives, 2»1, 298.

THE LIFE OF THOMAS J0H:S^S0U.

201

During October, lie secured an order for 200 pounds to pur-
chase arms and blankets and also 250 pounds for recruiting
service. But iis troubles evidently continued, for early in
December be resigned his commission ; and the members of the
Council of Safety were only too glad to accept his resignation.

Having only two weeks, at thia time, to remain in Phila-
delphia, Mr. Johnson and his companions from Maryland had
little opportunity to participate in problems of National con-
sequence. Nevertheless, on September 24th, Johnson was as-
signed to a committee of five " to devise ways and means for
effectually providing the Northern Army with provisions and
medicines, and supplying their other necessary wants."

******

The Maryland Constitutional Convention was scheduled to
meet again on 'Monday, September 30th; and Messrs. Chase
and Paca hurriedly slipped away from Philadelphia on Sunday,
September 29th. The Convention adjourned from day to day
until Wednesday, October 2, 1776, when both Mr. Chase and
Mr. Paca appeared in the House.

Mr. J ohnson did not appear in his seat until Monday, October
7. But, as soon as he did arrive, the Convention passed a
special resolution adding him to the committee chosen the pre-
vious Priday to consider a communication from John Hancock,
president of Congress. This communication explained that as
the Continental Army, at Washington's request, was about to
be re-organized, Maryland was requested to provide eight
battalions in lieu of the militia. The Oonvention, acting upon
the advice of the committee, resolved that although the eight
battalions required by Congress exceeded Maryland's just quota
— being based on a calculation of white and black inhabitants,
whereas the quotas of men to be raised by the several states
ought to be in proportion to the number of white inhabitants —
yet the State of Maryland, eager to support the liberties and
independence of the United States, would use its utmost en-
deavours to raise the troops as soon as possible.

202

MAEYLAND HISTORICAL MAGAZIWB.

At this time, on the eve of the adoption of the Maryland
Constitution, Mr. Johnson showed conclusively on a number
of oeemiKms how e^iseientious he was as a public servant One
of these occasions arose when a motion was made to pay each
Deputy in Congress the sum of 10 pounds per week during
actual attendance. Some one offered an amendment to insert
twelve pounds ten shillings in place of ten pounds. Mr. Paca,
Mr. Chase and Mr. Carroll of CarroUton found no scruples in
voting for the amendment. Johnson, however, refrained from
voting. By a margin of 33 to 28, the amendment was adopted
and the salaries of the Congressmen were raised.

An effort was likewise made, as at the previous session, to
set the allowance of members of the Convention at 10 shillings,
besides the usual " itin^ant charges," instead of 14 shillings
per day. Mr. Johnson again opposed this change. A number
of the members, including Mr. Worthington and Mr. Hooe,
favored the motion ; but it was defeated by a decisive majority.

Later on, Mr. Johnson, noticing that many of the members
were somewhat irregular in their attendance, offered a motion,
" That every member who asks for leave of absence shall give
his reasons for asking such leave, and that they be entered on
the journal." The House so resolved. From that time on,
there were many cases of " bad state of health," and " sickness
of family " as well as " particular private business " and
" private affairs requiring attendance at htaae."

Conscientious public service, diligent attention to all appeals
for succor, unflagging industry and self-sacrifice for the general
good, made Thomas Johnson by this time not only the leading
member of the Maryland Coavaition but perhaps the most
popular man in the State. Although at this time a representa-
tive from the Eastern Shore, Mr. Johnson received, as no other
Deputy, appeals for help from persons in all sections of Mary-
land. When, for example, a dispute arose between Marylanders
and Virginians as to the right of operating a ferry between
Georgetown and the Virginia shore of the Potomac, and a
Maryland ferryman was aJ^:«ited by a dieriff in the Old

THE LIPE OF THOMAS JOHNSON.

203

Dominion, in October, 1776, and "dragged to Fairfax Gaol
in Alexandria," tlie entire grievance was explained by Robert
Peter and Thomas Richardson in a letter to the Caroline C'otinty
Representative.^® The matter was duly presented to the Con-
vention by Mr. Johnson and later a careful investigation was
made of the trouble.

Finally, all the matters extraneous to the absorbing subject
of the form of government were laid aside, wherever possible j
and on the 31st day of October, 1776, the 'Constitutional Con-
vention entered upon a consideration of the report on the
Declaration of Rights.

The first memorable fight made by Thomas Johnson on the
floor of the Convention was enacted on Saturday afternoon,
November 2nd, in behalf of a number of religious sects, to
relieve them of the necessity of making an oatJi through the
medium of the affirmation. He proposed to do this by moving
that the following Article be inserted in the Declaration of
Rights:

" That the maimer of administermg an oath to any per-
son ought to he such, as those of the religious persuasion,
profession or denomination, of tvliich such person is one,
gener-ally esteem the most effectual confirmation hy the
attestation of the Divine Being. And that the people
called Quakers, those called Dmikers, and those called
Menonists, holding it unlawful to take an oath on any
occasion, ought to he allowed to make their solemn affirma-
tion in the manner that Quakers have heen heretofore
allowed to affirm; and to he of the same avail as an oath
in all such cases as the affirmation of Quakers hatU heen
alloived and accepted within this State, instead of an oath.
And further, on such affirmation, warrants to search for
stolen goods, or the apprehension or commitment of offend-
ers, ought to be granted, or security for the peace awarded;

" XII Maryland Archives, 355.
" Proceedings of Conventions, 308.

5

204

MAEYLAND HISTORICAL MAGAZINE.

■and Quakers, Du-nkers or Menonists ought also, on their
solemn affirmation as aforesaid, to he admitted as witnesses
m mil crimmed cams w>t capUal."

After Mr. Johnson had moved the adoption of the aforegoing
Article, Samuel Chase ofFered an amendment to strike out the
concluding phrase : " and Quakers, Dunkers or Menonists
ought also, on their solemn affirmation as aforesaid, to be ad-
mitted as witnesses in all criminal cases not capital." But the
Chase amendment was turned down by a vote of 3T to IT.

Johnson's amendment was then ready for final action. When
the question arose on the entire Article as submitted, it was
adopted without a roll-call. Concerning Thomas Johnson's
effort in this connection, Gen. Bradley T. Johnson says :

" True to the traditions of his State and his family, he pro-
posed and secured to be inserted in the Bill of Eights the article
securing religious liberty to Quakers, Dunkers and ' the people
called Menonists' by giving them the right to testify in courts
of justice without taking oaths, but on their simple affirmation.
This perpetual monument of Johnson's glory appeared as
Article 36 of the original Declaration of Eights as agreed to
on Sunday, November 3, 1776, and it has been retained in every
Bill of Eights of Maryland from that day to this. It is the
historical, logical sequence of Cecil Calvert's act to secure
religious toleration in matters of opinion."

Article XXXIX of the present Declaration of Eights, using
the words of Johnson, provides : " That the maimer of adminis-
tering the oath or affirmation to any person ought to be such
as those of the religious persuasion, profession, or rienomination,
of which he is a member, generally esteem the most effectual
confirmation by the attestation of the Divine Being."

The adoption of the Declaration of Eights was followed by a
consideration of the Constitution, and in the week that fol-
lowed, a number of amendments were offered to the proposed
document. On Monday morning, November 4th, when the
reading of the Form of Government, Article by Article, began,
the first roll-call occurred over the question of reducing the

THE LIFE OE THOIIAS JOHNSON.

205

amount of property necessary as one of the qualifications of a
voter from thirty to five pounds valuation in current money.
Thomas Johnson voted against this reduction, as did Chase,
Paca and Carroll of CarroUton. The motion was defeated hj
a majority of 14.

The original draft of the Constitution proposed that all free-
men qualified to vote for memhers of the House of Delegates
should assemble in the Court House of each county on the first
Monday of October, 1777, and on the same day in every year
thereafter, and then and there elect, viva voce, four delegates.
Mr. Chase preferred to have the elections every third year.
His suggestion, however, fell on deaf ears. Failing in this,
Chase moved that the elections be held every other year; in
this motion he was supported by Johnson, Ohase, Paca and
Carroll of Carrollton. But the original scheme of annual elec-
tions appealed to the majority of the members; and, by a
majority of eight votes, Chase's second motion was defeated.

The ^State Senate was to be composed of fifteen members —
nine from Western Maryland m^d six from the Eastern Shore.
The Senators were not to be elected by direct vote of the people
but by an Electoral Collie. This method was recommended by
Charles Carroll of CarroUton. Writing to a friend in 1817,
Mr. Carroll said : " I was one of the Committee that framed
the Constitution of this State, and the mode of chusing the
Senate was suggested by me; no objection was made to it in
the Committee, as I remember, except by Mr. Johnson, who
disliked the Senate's filling up the vacancies in their own body.
I replied that if the mode of chusing Senators by Electors were
deemed eligible, the filling up vacancies by that body was in-
evitable, as the Electors could not be convened to make choice
of a Senator on every vacancy, and that the Senate acting under
the sanction of an oath and I'esprit de corps,, would insure the
election of the fittest men for that station." On the floor of the
House, no amendments were offa-ed to the plan for constituting
the Senate.

Likewise, the plan of electing, by joint ballot of both Houses

206

ICABTLAND HISTOEICAX MAGAZIKi:.

of the Legislature, " a person of wisdom, experience, and
virtue " as Govemor of the State found no criticism on the floor
of the Convention. The Governor was to he elected on the
second Monday of l^ovemher, 1777, and annually thereafter.
He was to he assisted hy a Council of five memhers, likewise
chosen hy the two Houses of the Legislature.

Only one modification was proposed regarding the qualifi-
cations for Governor. The draft provided : " That no person
unless ahove twenty-five years of age, a resident of this state
ahove five years next preceding the election, and having in the
state real and personal property ahove' the value of five thousand
pounds current money, one thousand pounds whereof at least
to be of freehold estate, shall he eligible as governor." One of
the deputies proposed, as an additional prerequisite, that the
Governor should be " a native of the United States of America."
iMr. Johnson opposed this amendment, as did Chase, Paca and
Carroll, and it was rejected by a vote of 29 to 25.

Chase, Paca, Carroll and Johnson generally lined up together
on questions of policy ; but Mr. Chase withdrew from the other
three leaders when he proposed " That no delegate, senator, or
member of the council, after he is qualified as such, shall hold
any office of profit during the time for which he is elected.''
An overwhelming majority agreed with Mr. Chase, only thirteen
deputies — among them Paca, Carroll and Johnson — opposing
the restriction.

But the four distinguished leaders returned to the same fold,
when Mr. Chase presented a motion " That a Justice of the
Peace may be eligible as a Senator, Delegate, or Member of the
Council, and may continue to act as a Justice of the Peace."
This amendment was adopted by a large majority, and was
incorporated in the Constitution.

Later, however, when Mr. Chase moved "That no field
officer of the militia shall be eligible as a Senator, Delegate,
or member of the Council," Paca, Carroll of CarroUton and
Johnson, again withdrew their support. ^Nevertheless, Mr.
Chase's ameudm^t was adopted by a vote of 26 to 25.

THE LIFB OF THOMAS JOKWSOW. 20Y

While these four distinguished members of Congress had
great power in the Maryland 'Convention, their opinions did
not, by any means, always prevail. Mr. Chase, for example,
proposed that the Governor, with the advice of the Council,
should have the power to appoint the sheriffs ; and his idea was
endorsed by Carroll and Johnson. Yet, only nine votes, all
told, were recorded in favor of the amendment.

On the sixth of November, Mr. Titzhugh moved " That
lawyers' fees ought to be ascertained and limited by law." A
very large majority, including the four members of Congress,
opposed even the previous question, and the attack against the
legal profession was immediately repulsed.

That afternoon, the Convention arrived at the Article, which
prescribed the oath necessary to be administered to every man
before entering a public office in the State. Among other things,
such person was required to swear that he would use his utmost
endeavors to disclose all treasons, traitorous conspiracies or
attempts which he knew to be against this State and the gov-
ernment thereof. Mr. Johnson moved that, instead of the Icmg
and cumbersome oath prescribed in the original draft, the fol-
lowing be inserted :

"I, A. B.J do swear that I do not hold myself bound in
allegiance to the King of Great Britmn, and that I will he
faithful and hear true allegiance to the State of Maryland."

Chase and Paca voted against the amendment, but Carroll
of Carrollton supported it. By a vote of 29 to 26, Johnson's
oath was ordered to be made a part of the Constitution.

While the renunciation of allegiance to the Crown has dis-
appeared, the second clause of the oath proposed by Thomas
Johnson in 1YY6, is still to be found in Article I, Section VI,
of our present Constitution. To this day, every person elected
or appointed to any office of profit or trust under the Con-

Proceedings of Conventions, 341.

208

UASXhAMD HI8T0BICJLI/ UAGAZIKB.

stitution of Maryland or the laws made in pursuance thereof,
before entering upon the duties of such office, must swear or
affirm, in the simple language of Johnson, " that I will he faith-
ful and bear true ollegvance to the Stats of Marylamd."

On the morning of Thursday, !N"ovember 7th, Mr. Johnson
was unusually active on the floor of the House. His first effort
of the day was to repeal the Act passed in 1773 " for the more
effectual preservation of the breed of wild deer." The war, no
doubt, had made meat increasingly scarce. At any rate, the
House agreed with him and it was resolved that no further
prosecutions should be made for any breach of the Act.

Following this, Mr. Johnson presented a resolution to remove
all doubt concerning the jurisdiction of justices of the Frederick
County Court and justices of the peace, resulting from the
division of Frederick County. This resolution was adopted,
without a roll-call.

Mr. Johnson also sponsored a motion to defer the poll to
determine the site for a Court House and prison in Montgomery
County until at least twenty days after the first meeting of the
General Assembly. In this motion he met with strong opposi-
tion ; but Chase, Paca and Carroll favored the postponement,
and Johnson's motion was adopted.

The final constitutional question before the Convention was :
Should every person who refused to subscribe to the Association
be disqualified from holding any office of profit or trust in this
State, unless by act of the General Assembly? There were
many, like Messrs. Chase and Paca, who believed that the non-
associators should never be eligible to hold office in Maryland;
but Johnson and Carroll of Carrollton took the opposing view,
and, by a small majority, the proposed amendment was rejected.

Finally, on Friday, November 8th, 1776, the Delegates,
" in free and full Convention assembled," agreed in toto to
the Constitution and Form of Government.

Mr. Johnson was granted leave of absence on Saturday
morning; and on Sunday morning, he was elected, along with
Matthew Tilghman, William Paca, Thomas Stone, Samuel

THE LIFE OF THOMAS JOHNSOBT.

209

Chase, Charles Carroll, barrister, and Benjamin Kumsey, to
represent the State in Congress until the first of March, 1777.

That Sunday afternoon, the members of the Council of
Safety were elected; and on the following day (JSTovember 11)
the Constitutional Convention adjourned sine die.

The instrument promulgated as the organic law of Maryland
reflected lasting honor upon the statesmen who drafted it.
Dugald Stuart, the well-known Scotch philosopher, praised the
document in glowing terms ; and Alexander Hamilton, the noted
American statesman, termed it the wisest of all the Constitu-
tions adopted by the States following their separation from the
Crown. Although never submitted to the people for ratification,
the Constitution of 1776 proved to be eminently satisfactory;
and remained, as amended from time to time, the fundamental
law of Maryland from that day until 1851.

The times have changed. The members of the State Senate
are no longer chosen by an electoral college. The Governor is
no longer appointed by lie Lsgiedature. Yet, a portion of the
simple oath, recommended by Thomas Johnson during the
American Eevolution as a prerequisite for public oflBce in
Maryland, still remains in the Constitution of the State. And
the tmrds of Johnson, recognizing afflnmiion as the equivalent
of an oatK continue in the Declaration of Rights to guide suc-
ceesive generations along the pathway of religious toleration.

(To he cmtiimml)

210

MABYLANB HISTORICAL MAGAZINE.

UNPUBLISHED PROVINCIAL RECORDS

IContinued from Vol. XVII, p. 59.)

The Province of Maryland D"^
In Casli

To the Several! Diebursemetits to he made as foU viz*^

£. 8. d.

To his Excy The Govemour for a present made the

Pamuncky Indians for the Oountrys Service 5.. — .. —

To the same for a Present to the Ohapticoe Indians 5.. — .. —
To M"^ John Bozman for an allowance made hkn in

October 1706 omitted to be ordered him 5.. — .. —

To M"^ Evan Jones for his SaUary in taking care of

the Publidk -buildings iMs Present Yeare 10..—.. —
To M' Kichard Young for Cash disbursed for a lock

for the back door of y** Stad house & putting it on — .. 9.. —
To M"^ Amos Grarrett for paper bought of him for the

publick use 10 quire at 1^ 9* — ^..17,. 6
To John Beall for Cash by him disbursed for

Great paper to Engrosse Duplicates of y« Laws — .. 8.. —
To Maj"^ John Ereeman in full for his serviceadone

the Piiblick till this time ^ order of y* houae 20.. — .. —
To his Ex^'y The Goven^ for Cash lay him paid to a

Messenger from New York 1.. 3.. 6

to p* one D** from Virg* on publiek service

—..18..— 2..—.. 6
To W™ Bladen Esq'^ for p^ a Messenger from

the Northward — ^..18.. —
To M'' John Young for Oash by him paid for Drill-

ii^ a Countrey Madcett — .. l.. e

49..14.. 6

TJNPTJBLISHED PKOVINCIAi EECOEDS.

211

To Maj'' General! Lloyd for his ferryages to Kent

and over the bay to y® 'Councill in

De^ —..10.—

In Karcii — ..10.. —

In August — ..10.. —

In Sept. — ..10.. —

In Dec. — ^..10.. —

2..10..—

To William Coursey Esq"" for from Kent to y"

Councill in Feb^ —..13.. 6

in March — .. 9.. —

in Aug* — ., 9.. —

in Sep* — .. 9.. —

to this Assembly — .. 9.. —

2.. 9.. 6

To Philip Lynes Esq'" for his ferryages to y^ Coun-
cill in Aug* Septr & 'Eov^ —..18..—

To Thomas Greenfield Esq' for y^ Same — ..18.. —

To Kenelm Ohoseldyne Esq' for his ferryages to the
Councill in March July & Sept. & to yS Prov*
Court in Sept. and to y^ 'Councill in Aug. &
Nov' 01..16..—

To Capt. John Toung for finding wood for the fire

in the Councill Chamber till this time 01,. — ., —

To William Bladen Esq' for Govern' Blackistone
for his Agency for this Province in full till Sept'
1707 120..—.,—

To Eicli*^ Bickerdike for his Extraord'^ Trouble in
squaring the stones and Paveing the Church &c sP
order of the house 5,. — .. —

134:..ll.. 6

To the severall psons following for their Service on the Guards
in full till the time of iJieir disdiaige according to the List
filed Viz.

212

MAEYLAND HISTOEICAI, MAGAZINE.

To Cap* Jolm Young

27.. 6..—

To Samuell Moore

18.. 4..—

To Sajmiell Iieatherwood

7..14.. —

To Samuell Smith

15..18..—

To Samuell Johnson

15..18..—

To William Horton

15..18..—

To Benj amine Pittman

14.. 4..—

To John Johnson

7.. 8..—

To David Richards

7.. 8..—

To Thomas Attaway

8.. 2..—

To Richard Hoekins

—..14..—

To Robert Rogers

— .14..—

To Anthony Durant

— ..14.. —

To George Mann

—..14..—

To Robert Cross

—..12..—

To John Laton

—..14..—

To William Davis

8.. 8..—

To William Anderson

1.. 8..—

It being found that William Bemnet* & Richard Turner were
Employed by order of his Excellency The ■Govern'' for the Pub-
lick Service and not by y^ Sheriffe of Annarrundell County
as was supposed, they are allowed as foil.
Vix* To William Benneftt ior 7 m<»&s "Service on

the Guard 21.. — .. —

To Richard Turner for 5 month D° 15.. — .. —

187..18..—

To the Severall members following for their ferryages to the

last and this AsseioMy Viz. f s d

To Mr Jofhn Macall 0.. 6..—

To Coll Walter Smith — ., 6..—

To Mr Robert Skinner — .. 6.. —

To M' l^athaniel Dare — .. 6..—

To Coll James Smallwood — ..12.. —

To Mr William Wilkinson — .. 6..- —

To Mr Thomas Crabb ' — .. 6.. —

UNPUBLISHED PEOVINCIAJL EECOBDS.

213

To M-" Walter Storey — .. 6..

To Mr Eobert Bradly —..12.,

To Mr Eobert Tyler — ..•12„

To Mr John Bradford —..12..

To Mr BMlip Lee — .. 6.,

To Co" James Maxwell — ..12.,

To Mr James Philips —..12.,

To Mr Riebard Colegate — ..12.

To Mr Aquila Paca — .. 6.

To Mr William Pickett — .. 6.,

To Mr William Stone — .. 6.

To Mr William Herbert — .. 6.

To Mr John Beall — .. 6.

8..02..—

To the severall members following for their Attend* Eight days

Reducted from their Tobacco Allowances Viz —
To Mr Thomas Truman Grreenfield for 8 days At-
tendance as above 4.. 13.. 4
To Mr Henry Peregrine Jowles for Do 4.. 13.. 4
To Mr Joshua Guybert 4..13.. 4
To Co" James Smallwood 4.. 13.. 4
To Mr William Wilkinson 4..13.. 4
To Mr Thomas Crabb 4.. 13.. 4
To Mr Walter Storey 4.. 13.. 4
To Mr James Maxwell 4..13.. 4
To Mr James Philips 4,.13.. 4
To Mr Richard Colegate 4-.13.. 4
To Mr Aquila Paca 4..13.. 4
To Mr Thomas Covington 4..13.. 4
To Mr Daniel Pearce 4..13.. 4
To Mr John Salter 4..13.. 4
To Mr Bhilemon Hemsley 4..13.. 4
To Mr Solomon Wright 4..13.. 4
To Mr John Whittington 4..13.. 4

79.. 6.. 8

214

MAEYLAIfD HISTORICAL MAGAZINE.

To Majr Nicholas Lowe 4.. 13.. 4

To Mr Thomas Eobbins 4.. 13.. 4

To Mr Robert Tingle 4..13.. 4

To Majr George Gale 4..13.. 4

To Mr John West 4.. 13.. 4

To Mr Samuel Wortbrngton 4..13.. 4

To Mr Philip Lee for 4 days 2.. 6.. 8
To Kenelm Oheseldyn Esqr in full for his Tob®

Allowances am^ to 9660 at 1^ f lb 40.. 5..—
To Co" William Holland for 8 days attend* De-
ducted out of his Tobacco allowance 5.. — .. —
To GoU Samll Young Esqr for Do 5..— ..—
To William Coursey Esq'" for 12 D^ 7..10..—
To Majr General! Lloyd for Do 7,.10..—
To €o" Thomas Greenfield for 8 D** 5..— ..—
To Philip Lynes Esqr for j)o 5..— ..—

106„11.. 8

To Mr William Taylard for the use of his house 2
rooms for the Committee of Laws and Coi&ittee of
Aggrievances and finding them fire this Assembly 5„ — ,. —
To Mrs Jajie Bumell for one dit® for the Comittee

of Acco*8 2.,10.. —

To Mr Benj* Eordham for one d^ for a Speciall

Committee — ..15,. —

To Mr John Coode Senr of S* Marys County for

his ferryage to the last & this Assembly — ..12.. —

To Mr Thomas Truman Greenfield for D® _ .12,.—

To Mr Henry Per. Jowles for Do — ..12.. —
To Mr Joshua Guybert for D^ — ,.12.. —

To Mr Philemon Hemsley for half a Tears Con-
veyance of Publick Packetts from Quern Anns
County y^ last of his Sheriffalty 2„10„ —

To Mr Thomas Jones for engrossing two Copies of
the Addr^ Cfonceming the Gage of Tob** hogs-
heads &c 1.. — .. —

14.. 3..—

tTNPtTBLlSHED PKOVINCIAL EECOEDS.

215

Brought from fol. 1 49..14.. 6

2 134..11.. 6

3 187.-18..—

4 8., 2..—

5 79.. 6.. 8

6 105..11.. 8

7 14..

Sume Totall of money allowances 579.. 7.. 4

So ends Joumall

Th. Bordley, Clk. Com.

14th 1708
Bead & assented to by y^
house of I>elegates: signed iP
Order

Kiciid Dallam Qk ho : Del.
Ap" 19ti» 1709

15th xbr 1708 Eead & as-
sented to by y* Hon**^® her
Majty^ Councill & signed W
Order

W. Bladen CI. Con'

The above is a true Copy of y^ Joumall of y* Coffiittee
of Acco** allowed of & passed in Assembly 29*** Nov"" 1708.

Phile. Lloyd Depty Sed^

The Titles of the Severall Laws made
the Last Session of Assembly in December 1708
with Remarques thereon

Ah Act for setling the Rates of fforreign Silver Coyns within

this Province

(1) Her most Sacred Majesty by her Koyall Proclamation
of the 18*^ June 1704 for setling and ascertaining the Currant
rates of Forreign Coyns in her American Plantacons in order
to prevent the indirect practice of drawing monys from one
Plantation to another and by an Act of Parliament of her
Kingdom of England made in the Sixth Year of her Majestys

216

MAETLAND HISTOEICAL MAGAZINE.

Eeigne for Ascertaining the rates of those Coynes seeming to
give leave that the said Coynes should be Currant here accord-
ing to the SeveTall Species naencond in her Maj*^ Proclama-
tion Altho not by the said Act of Parliament so Enacted is
the humble assurance this poor Province has her Majesty will
not refuse this Law as proposed the said Species of Forreigne
Coyne being rated as in the sai^ Proclamation saving the Dog
Dollars or Dollars of the Low Countreys which being the
only Generall Coyne among us and of so many Provinces and
of DifiFeremt Values that it would be very difficult to make A
true estimate, being comonly valued from Three shillings and
Three pence to Three shillings and five pence are aetled at fFour
shillings and six pence.

An Act Ascertaining what Damages shall be allowed on

Protested Eills of Exchange.

(2) The greatest part of the Inhabitants of this Province
being very greedy of Creditt and having larger Expectations
from the home markett for their Export than reasonable or at
least than experience has given encouragement to have of late
Years drawne so many Bills of Exchange on their Merchants
Consignees and other that fortune herself being ashamed to
second their Extravagant hopes they are become miserably in-
volved in greater debts as well to the Merchants in London as
to other Traders in this Province then their all will suffice to
discharge And their large Allowance of Twenty ^ Ceait Dam-
ages on Protested Bills of Exchange being observed to be the
only motive to such large creditt so pernicious to this Province
The lessening it was thought the only Expedient to prevent
that mischief in order to keep wift:in compass A careless un-
thinking People many of whom for fear of Imprisonm* have
lately deserted their Plantations perhaps before Mortgaged to
the most Eminent Merchants in London and withdrawne them-
selves to North iCarolina and elsewhere, to the great Dimini-
tion of "Maj*^ Revenue of Customs <hi Tobacco.

UNPUBLISHED PKOVINGIAL EECOBDS.

217

An Act for Kelief of poor Debtors and Languishing Prisoners

(3) The Preamble of this Law is matter of fact, and the
wofuU Circumstances of many Masters of familys requiring
some reasonable releif this method has been thought the only
means to prevent many hundreds from deserting their setle-
ments and retiring to North Carolina and elsewhere which is
very often put in practice here: The Oath the Debtors are to
take seeming to be very fuU and the Penalty if Perjured severe
enough ? What can the creditors expect but the Debtors whole
Estate, Tis allowed this Law will be a means to prevent large
Credit being given to such persons who are not in very good
circumstances at the same time their is charity and faith
enough to supply the poorest with necessarys very good pro-
vision being made by the County Courts so that there are no
b^ars in this Country.

The rules laid downe for surrendering up Estates and Divi-
sion to be made of them seem most equall and Just ; There are
two things in this Law which look Od'ly Viz*

That A Duplicate of the prisoMers discharge shalbe suffi-
cient on appearance Given to discharge him from any Arrest
for any Debt contracted during the continuance of this Law,
The Assembly thought the people who have AUready Lain in
prison so long not fitt to be credited in some Yearee and there-
fore have thereby set A marke on them to prevent their being
trusted Yet the Justices Sale barring the wife of her Dower
though it be for the delivering her husbands body I am told
is contrary to the Gornm Law.

An Act appointing Court days in each respective County
within this Province

(4) The Country being sencible that too many and frequent
County Courts were not only burthensome but chargeable and
that Two of the 'Six Viz* January and September Courts might
be well spared have thought fitt to reduce them to four in the
Year which is beleiVd will be suflleieait to Answer the end
proposed.

218

MARYLAND HISTOEICAL MAGAZINE.

An Aditionall Act to the Supplementary Act for Advancement
of Trade and Erecting Townes and Ports within this
Province and for Sale of some Pnbliq Lands and build-
ings in the Towne of -St. Mary's in St. Mary's County.

(5) The Title of this Law being the wlhole scope of it shews
how desireous the Inhabitants of this Province are to have
Towns Convenient for Cohabitation and Comerce, and if her
Majesty has graciously Allow'd the former Laws of this nature
this may hope the same fortune. The Ports in this Province
may perhaps be worthy of the name of Townes but the other
Towns will only serve for Rolling places to receive Tobaccos in
order to be water borne.

The Planters here being so Vastly indebted to the Merchants
Allmost dispair of clearing themselves and if consigning A
small Quantity of Tobacco Yearly will keep of their Oreditors
they care not how mean tfie quality is ; likewise those who are
indebted in the Country care not what stuff they can pack of
by which means the Credit of the Market in Europe is much
Impaired and will put others at home who are not neer so well
quallified to make tobacco upon vieing with us, Especially
freight being so high aa it now is — Sixteen and Seaventeen
Pounds ^ Ton. But the Slovenly Planter will be ashamed
to have hia T-obftcco brought to Thesie Townes and Rolling
places.

An Act Directing the Manner of Electing and Sumoning Dele-
gates and Repreeentativee to serve in Succeeding As-
SCTttblyes.

(6) The former Law for this purpose obliging the Elec-
tions to be made at the County Courts there being now but
four of them in one Tear It might be very ill convenient on
Emergency's not to be able to make an Election under three
or four months Therefore power is hereby given the Justices
to sitt when they see convenient in order to the said Elections
And a mistake in the former Law relating to y^ Indentures ie
rectified.

UNPUBLISHED PEOVINCIAX EECOEDS. 219

An Act Ascertaining fees to the Attomy's and Practitioners
of the Law in the Courts of this Province and for
Leavyii^ the same by way of Execution.

(7) As this Law occasioned the hottest debates of the Ses-
sion so it was with as great difficulty agreed to by her Majestys
Councill, The Attomys did not desire their fees should be on
Execution but were content with what had been thought rea-
sonable they should take for many Years fiFour hundred pounds
of tobacco in the Provinciall Court, Eight Hundred in the
Chancery Sixteen hundred before the Govemour and Councill
and in some "County Courts One Hundred and in others Two
hundred Pounds of tobacco for which they prosecuted and
Defended the causes from begining to end drawing the plead-
ings, and pleading the causes at Barr without any terme or
other for whatsoever if it hung never so long But this Assembly
being many of them Justices of the County Courts and Ex-
treamly desirous to enlarge their Jurisdiction and Authority
and what in them lay to discontinue the Judges of Assizes
newly set on foot by whose coming into their severall Countys
their Grandeur seemd to be Eclipsed formed this Law not only
to restraine the Attomys from taking Exhorbitant fees but
wfcolly to discourage those who were most capeable to serve
their Clyents from going the Circuits or really any Ingenious
men who can live anywhere Elce to come hither making the
practitioners incapable to receive the good will of their Clyents
and had they not been gratified in the passing this Bill they
would have left the Temporary Laws expired or broke up as
before.

An Act Reviving An Act of Assembly of this Province In-
tituled an Act for the Ordering and regulating the
Militia of this Province for the better defence and
securety thereof made at a Session of Assembly begun
and held at the Port of Amia|)olis December the fifth
1704.

(8) This Bill having Twice past the House of Ddegates
and orderd to be Ei^rat uptai mum motiMi in that

6

220

MARYLAND HISTOEICAL MAGAZINE.

house was referrd to the Consideration of the next Assembly
during which time the Province would have been without A
Militia. What could be their Motive the 'Councill and myself
were altogeather Ignorant of but being Apprehensive they were
Jealous Wee should Leavy the ffifty Thousand pounds of To-
bacco for defraying the necessary charges in the Intervalls of
Assembly as the Councill and my self had never disposed of
one pound of the Countrys Tobaccoe so I declared to them I
despised so mean a thought and that if this Bill were dropt
this should be no Session for that no other Bill should be past
whereupon they Imediately sent it up Assented to by their

An Act Reviving An Act of Assembly of this Province In-
tituled An Act Imposing 3^ ^ Gallon on Rum and
Wine Brandy and Spirits and Twenty Shillings ^ Poll
for Negroes for raising A Supply to defray the Publick
charge of this Province and Twenty Shillings ^ Poll
on Irish Servants to prevent the Importing too great A
l^umber of Irish Papists into this Province made at A
Session of Assembly b^un and held at the Port of
Annapolis Itecem'' the fifth Anno Dni 1704r.

(9) The Reviving of this and the other temporary Laws for
Imposts &c was next to her Majefstys Imediate Commands the
Cheif motive of calling this Assembly who contrary to the
Expectation of some ill Wishers to the prosperity of this Grov-
emment have once more in my time raizd the necessary funds
for support of Government for the terme of Three Yeares
and till the next Session of Assembly After.

An Act Reviving an Act of Assembly of this Province Inti-
tuled An Act laying -An Imposition of Three pence ^
hogshead on Tobacco for defraying the Publick charge
of the Province made At A Session of Assembly begun
and held at the Port of Annapolis December the 5*'>
. 1704.

aw) l^is Lf^ BH^ng About Thme hai^T^ Pouods #

UNPUBLISHED PEOVINCIAL EECOEDS.

221

Amnim for defraying the Publiq charge of the Province is
upon the same foot with the preceeding one being 'Continued
for Three Tears and to the end of the next Session of Assranbly
which shall happen thereafter. The best part of this fund
being Generally applyd to the defraying y® Delegate Ex-
pences past the house without further consideracon.

(11) An Act Eeviving An Act of Assembly of this Province

Intituled An Act for Limitation of Officers fees made
at A Session of Assembly begun & held at the Port of
Annapolis December 5*^^ A<> Dni 1704.

The Countrey in Generall being much Averse to S"^ Thomas
Lawrence Barron** her Maj*^ Secretary of this Province have
resolved to lessen the fees the next Session at least propose it,
for I shall never consent thereto without her Majestys direction
And this I take to be the True reason why they would not be
prevailed upon to Revive the Law for Three Tears as Usuall.

(12) An Act confirming and Explaining lie Charter to the

City of Annapolis.

With the Advice of her Majestys Councill I have granted
A Charter to the Towne and Port of Annapolis so called in
Honour of her most Sacred Majesty thereby Erecting it into A
City by that name. Some troublesome persons not being satis-
fied therewith Peticoned the late Convention who were of
opinion the clause in my Oomission Impowring me to make
Citys Tovms and Burroughs was not suflSicient and many of
that Convention being returnd to this Assembly were obliged
to do somewhat to answer their boasting in their respective
Countys and for my part I could not think an Act of Assem-
bly confirming that Charter any Lessening to my Comission
many Acts of Parliament in England having been made for
the same end tho there was no necessity to make A Law to
reserve the Publick Lands and buildings and Jurisdiction of
Ann Arundell County Court allready setled by Two Severall
Acts of Assembly. Wherefore if Tour Lordship approve of

222

MABYLAND HISTOEICAL MAGAZINE.

the Charter the coppy herevi'ith being transmitted and do not
think the small PrivUedges granted reasonable none of the
Corporation are desireous her Majesty should Assent to the
Law but rather that she should refuse it since the Justices &
Sheriff of Arm Arundell County are to Exercise Jurisdiction
in the City more then necessary for holding County Court
contrary to the Nature of A City, ■which has its ovme Sheriff
and many of the small pririle^es tihe •Couneill thought rea-
sonable Abridged.

(13) An Act Eeviving A Certaine Act of Assembly of this

Province Ascertaining the height of Fences to prevent
the Evill occasioned by the Multitude of Horses and
restraining Horse Rangers within this Province.

(14) An Act Beviving An Act of Assembly of this Province

Intituled An Act for incouragement of Tillage and
Eeleif of Poor Debtors made at an Assembly begun
and held at the Port of Annapolis Deeeaaijer the fifth
Anno Dni 1Y04.

(15) An Act for Payment and Assessment of the Publick

charge of this Province and Giving time to the Sheriffs
to Demand the Pifblick dues till the first of March this
present Year 1708. This Law only serves for lie pres-
ent particular purposes therein exprest.

(16) An Act for the Naturalization of Benjamin Dufour of

Ann Arundell County Planter Jeustus Engelhard
Kethin of the same Coiznty Painter and James Roberts
of Calvert County Planter.

(17) An Act confirming the Title of A Certain Tract of Land

thereiu mencond to John Hyde of the City of London
Merdiant and also confirming to the Heir at Jj&vr of
John Gandy late of the said City mariner Deceased all
other the Lands in this Province in the said Act men-
tioned.

PEOCEBDIKaS OF THE SOGIBTT.

223

(18) An Act Impowering Trustees to sell sever all parcells

of Land late the Estate and Inheritance of Thomas
Sterling Deceas'd for Redemption of A Mortgage made
by him to Jn^ Hyde of London Metchant f ot the benefit
of Christian Stirling A Minor.

(19) An Act Impowering certain Trustees to Sell A Tract

of Land in Talbott County calld Franckford St. Mich-
aell late the Estate and Inheritance of "W*' Harris late
of Oalvert County and with the money thereby Arizing
to Purchase other Lands for the use of Joseph and
Benjamin Harris and the Heires of their bodys Accord-
ing to the direction of the Last Will and Testament of
the said William Harris.

An Act for confirming and mating vielid the last will and
Testament of Coll, John Contee.

(20) These five Last Acts being Private BiUs the Councill

and house of Delegates had all the sattisfaction they
could Desire given them both at the Board in the house
and the Comittees by the Peticoners who brought in the
Bills and with the Advice of the Councill I assemted
thereto.

PEOCEEDINGS OF THE SOCIETY.
(Ahstracts.)

February 14, 1922. — The regular meeting was held with

the President in the chair.

The President announced that the meeting mentioned in the
minutes for January, was held on the 24:th ultimo, with an
attendance of about sixty persons. The dispositi(Hi of Fort
McHenry was discussed at length, and it was the sense of
the meeting that the Fort and grounds should be retained by
the United States Covernment as a Military Reservation and
^rational Park.

224

MARYLAND HISTOEICAL MAGAZINE.

A collection of nine interesting medals was presented on
belialf of Mrs. William H. Whitridge.

TI1& follfliwing p»s0»s were dected to active m«m¥»ii&ip:

M. Warner Hewes, John F. ISTolan,

Alexander Preston, Charles E. Mangex of E.,

Wm. H. Stayton, Jr., Eohert W. Williams,

and Miss Mary P. Tumidle to associate mOTibership.

A letter was read from Mrs. iCharles J. Bonaparte express-
ing her thants to the Society for the Ifesolution adopted at our
last meeting.

March 13, 1922. — The r^ular meeting was held with the
President in the chair.

The following donations were announced: Souvenir medal
of Yorktown Celebration from Mrs. Wilfred P. Mustard;
Wrapping paper made from mutilated currency, from Mrs.
Wm. H. Wihitridge; Letter-copy book of Charles Carroll
Harper from Peabody Institute; Military census of Balti-
more, 1812 and other War of 1812 papers, from L. H. Diel-
man; Peace dollar of 1921 from an anonymous donor.

The foUowling were elected to active membership:

E. Prancis Riggs, Mrs. Ellen Ohanning Bonaparte,

Prank 0. Purdmn, Oscar L. Morris,

Mrs. Andrew M. Eeid, Henry E. Treide,

Miss Ella A. Webb, Mrs. Nicholas L. Dashidl,

Mrs. J. Addison Cooke, Henry H. Klinefelter,

Dr. George Watson Cole, Veay Eev. Edward E. Dyer,

Mrs. Clarence A. Tucker, Rev. Louis E. Stickney,

J. Allen Coad, Eev. Arthur B. Kinsolving,
Major Wm. sBumett Wright, Jr.

The necrology was announced as follows: Paris 0. Pitt,
Charles C Homer, Jr., Dr. B. Bernard Browne.

PBOCEBBITfGS OT TRIR SOCEETT.

225

Tlie President then presented Hon. Jolin W. Garrett, wlio
addressed the Society on the Washington conference for the
Limitation of Armameats.

At the conclusion of the address the house was thrown open
for inspection, particular attention being called to the recently
acquired 'Bonaparte collection.

April 10, 1922. — The regular meeting was held with the
President in the chair.

The following donations wfere announced: Stock certificate
in Baltimore-Frederick Turnpike 'Co., (Certificate of bonus
paid " Negro Joseph " for 5 crow's heads, Framed order of
payment signed by Grov. Thomas Johnson and countersigned
by Elie Valette, all from Dr. Henry Barton Jacobs.

The President read a letter from Mrs. Josias Pennington,
presenting on behalf of Chaper I of the Colonial Dames of
America, a specimen of the Henrico 'Medallion, designed by
Dr. A. J. Volck, commemorating the first university ia Amer-
ica, at Henrico, Va.

The President announced the receipt of a large collection
of papers from the Baltimore Custom House, secured from the
Secretary of the Treasury, through the efforts) of Senator
France, Dr. J. Hall Pleasants, the Collector of the Port, and
the President of this Society. The papers include one hundred
and forty-one tax and assessment list's for Anne Arundel, Bal-
timore city and county, Caroline, Charles, Harford, Queen
Anne's, Somerset and Talbot counties; sixteen bundles and
rolls for Prince George's, and -two for iSt. Mary's Counties ;
Sailing permits. Inventories of carsjoes, and accounts of duties
on carriages for the District of Maryland, 1794-1798 ; Articles
of agreement between a Committee of Merchants of Baltimore
and the officers and crew of the Galley "'Conqueror," etc., etc.

Eesolutions of thanks to Hon. A. M. Mellon, Secretary of
the Treasury, Charles H. Holtzman, 'Collector of the Port, and
to Senator Joseph I. France, were introduced and adopted.

226 MAETLAND HISTOEICAL MAGAZINE.

Dr. B. O. Steiner, on behalf of the Publication iCommittee
announced that proof was read for Volume XLI of the
Archives, and that the increase of our appropriation from
three to five thousand dollars annually had been placed in the
Governor's budget, thus permitting the publication of one vol-
ume of the Archives annually. Dr. Steiner also called the
attention of the Society to the long and faithful service ren-
dered to the Society and to the State of Maryland, by Miss
Lucy Harrison, who has for forty years copied the material
for the Archives of Maryland, she being the first and only
copyist ever engaged in that work. He moved that the thanks
and appreciation of the Maryland Historical Society be ex-
tended to Miss Lucy Harrison for the high character of her
work and for her long and faithful service to this Society and
to the State of Maryland in transcribing the Maryland Ar-
chives. The resolution was unanimously adopted.

Mr. Howard iCliirton Beck thrai read a paper on "Early
American Stamp Acts " and exhibited many specimens of
stamps and stamped paper issaed under the various acts.

CORRECTION, REVIEWS, NOTES.

Correction. — "My object in writing the article 'Lloyd
(rraveyard at Wye House ' in the April number of the Magor
zine was the preservation of the old tombstone inscriptions and
it is material, therefore, that an error on page 30 should be
noted; Ool. Edward Lloyd was bom 15 ITovember 1744 —
not 1774 as printed.

" And on the monuments of Col. Edward and Ann (Rousby)
Lloyd, page 29, the lions rampant in the arms and demi-lions
rampant in the crest should have been described as rampant
regardant, that is with the head turned and looking back, and
so varying from earlier representations."

MoHenby Howaed.

COREECTION, EBVIEWS, HOTBS.

227

Journal of a Lady of Quality; being the narrative of ■a journey
from Scotland to the West Indies, North Carolina and
Portugal, in the years 1774 to 1776. Edited by Evan-
geline Walker Andrews, in collaboration with Charles
McLean Andrews. Yale Prees, Ifew HaTen, 1921.

Although the " Lady of Quality " lived in the eighteenth
caatury, and wrote her journal close upon 150 years ago, one
is quite sure, were it possible for her to awaken from her long
sleep to take a place among the men and women of today,
such is the temper of this woman, no one wiould say of Miss
Schaw that she belonged to a past age, or even suggest in a
tone of kindly tolerance that she was " conservative." Has
any twentieth century flapper expressed her independence of
conventions in words so concise and delicious as these: "You
have formed a wrong idea of my delicacy — find I can put
it on and off like any piece of dress." Or what modern woman
could tell with finer humor the racy tale of the handsome
cooper among the emigrants on board who fixed his fancy upon
a young wife and thereby ran foul of the wrathful husband?
And again in a passage of her journal, in describing the care
taken of their complexions by the ladies of the West Indies,
she says of herself : " As to your humble servant I have always
set my face to the wieather wherever I have been." In that
sentence she describes not her personal appearance, as she
fancies, but reveals her very self and sounds the key-note of
the whole journal. As one reads the vivid recital of the seven
weeks' sea voyage from Scotland to the island of Antigua, one
knows that only a woman who had the spirit to set her face to
the weather wherever she is could find matter of keen interest
and even enjoyment in experiennes such as she describes.
Storms so severe were encountered that at one time " nine
hogsheads of water which were lashed on the deck gave way
. . . and went overboard with a dreadful noise. Our hen
coops wili all our poultry soon followed, as did the Oabin house
or kitchen with all our cooking utensils, together with a barrel
of fine pickled tongue and above a dozen hams." When the
storm had abated mast, sails and rigging were lying on the
deck and the ship was an inactive hulk. And still Miss Schaw
can write " how sound she sleeps," and that one " must cross
the Atlantick to properly relish [the food] as we do " — and
that after nearly all their provisions had been swept overboard
and she and her several companions were facing possible
starvation.

228

MAETIAND HISTOEICAL MAGAZINE.

It is witk a sense of great relief that the reader comes to
the close of that stormy and evmtful voyage and rejoices with
Miss Schaw at the sight of land — ^the island of Antigua. Once
more she sets her face to the weather. But in this enchanted
tropical island, as later on in ,St. Kitts, the days are one long
delight; and our Lady of Quality hrings to the enjoyment of
fair, soft weather the same keen humor and triumphant vital-
ity with which she meets the tempest. Having oneself had a
glimpse of Antigua and St. Kitts and having felt the fascina-
tion of the warm radiance of their nights and the charm and
interest of unfamiliar ways and scenes it is a strong tempta-
tion to linger here, not to follow Miss Schaw further. But to
the student of American history her stay in North Carolina at
the dawn of our Revolution may well prove the most interesting
part of the hook. She is so loyal a British subject one feels
she had to stiffen her features and set her teeth hard to face
the gales that were begimiing to blow in the colonies. Even an
American can understand and sympathize Avith her indigna-
tion and distaste at much that she saw and heard.

The journal closes with a sprightly and most entertaining
description of Miss Schaw's stay in Lisbon on her return jour-
ney to Scotland. One always puts down with regret any book
that has been delightful to read — in closing the journal of this
Scotch lady one adds to that regret the pang of parting from
an intrepid traveller, a keen and kindly observer, a woman of
unusual charm.

Caeoliita V. Davisoit.

Supplement to Genealogies ly Edwin Jaquett Sellers. Phila-
delphia, 1922. Pp. 73. Supplementary data to the
twelve genealogies published by the author, 1890-1916.

Wilmer Atkinson, An Autobiography. Founder of the Farm
Journal. Philadelphia, Wilmer Atkinson Co., 1920.
Pp. 375.

A gossipy account of a useful life ; a record of achievement
of very considerable interest, that might have gained by com-
preesion or excision.

The Evolution of Long Island. By Ralph Henry Gabriel.
Yale Press, 1921. Pp. 194. $2.50.
" The problem of the present study is to trace the develop-
ment of a people as it has been affected, not only by its social
and economic, but by its natural surroundings."

COEBECTIOlf, KEVIEWS, NOTES.

229

This sentence from the foreword summarizes the treatment
of the subject. Beginning with a geological description of the
locality, the author develops the history of Long Island from
the earliest settlement to the present day and shows in an inter-
esting and convincing manner how the various climatic, geo-
graphic and economic conditions have made the island what it
is today. A good map and a bibliography complete this schol-
arly work.

Life of Roger BrooTce Taney. By Bernard O. Steiner, Ph. D.
Baltimore, Williams & Wilkins Oc, 1922. Pp. 553.
$6.00.

Tor fifty years Tyler's life of Taney has been considered
tho definitive biography, but the author of the present work
having obtained access to the correspondence of Taney with
Jackson and Van Buren, has made a complete study of the
legal and judicial career of his subject. The work is well
printed and fully annotated and indexed. Reserved for review
in a future issue.

Mayflower Descendants and their Marriages for two Generor
iions after the Landing. Bureau of Military and Civic
Achievement, Washington, D. jC., 1922.

This pamphlet by reason of the ready-reference arrangement

of the data contained should prove of great interest to geneal-
ogists and descendants of the Mayflower immigrants.

The Decatur Genealogy. By William Decatur Parsons. Pri-
vately printed. New York, 1921. No. 8 of edition of

fiity copies. ■

History of Minnesota. By William Watts Folwell. In four
volumes. Vol. 1. Saint Paul, 1921. Pp. 533.

In his introduction the Editor says : " For over seventy
years the Minnesota Historical Society has been garnering the
materials for the history of the state. As a result of Dr.
Folwell's industry and generosity, the society now has the
privilege of publishing a four-volume History of Minnesota
based in large part on those materials. The present volume
deals with the period of beginnings — the span of almost two
centuries from the coming of the first white men to the organi-
zation of Minnesota as a state in 1857. Through the pages of
the opming chapters march the fur-traders, the eixplorers, and

230

MAKYLAND HISTOEICAI. MASAZIKE.

the missionaries — French, British and American — with th«
native Indians in the background."

The book is well printed and well illustrated, wkh biUio-
graphical and critical annotations. It will doubtlefls prcwe to
be the definitive history of the state.

The County Court Note-Booh. A little bulletin of History
and Genealogy. Mrs. Milnor Ljungstedt, Editor and
Publisher, Bethesda, Maryland. Published every other
month. Subscription $1.00 per annum.

The fourth number of volume one of this valuable " little
bulletin " is at hand. Judging from the number of queries
inserted, it is apparently gaining rapidly in popularity, in
spite of its limited field of genealogy. The present issue con-
tains " Marriages 'by Inference," " The Jfame Mourning,"
"The Webbs," "New Englanders and others in Early Vir-
ginia Records," " Prince William, Va. Bonds," editorial, ©to.
We wish the editor every success in this undertaking.

Foard (Ford) Chart. Presented by Mrs. Maria Ford Massey.